Tier 1 -- You can't give orders

The courts in Illinois are beginning to reach a consensus that officers cannot give orders in Tier 1 -- consensual encounters, contacts.



In People v Tate, a man, Tate, drove onto to a driveway where officers were executing a search warrant. The officers demanded to see the Tate's hands. When he wouldn't show his hands, the officers pulled him out of the car.



The Illinois Court of Appeals ruled that the order basically created a detention. Since there was no reasonable suspicion, the detention was ruled unconstitutional.



Note Here -- There was no reason to believe the suspect in the home was selling drugs. Therefore there was no reason to believe that Tate was there to buy drugs.



In a more recent case an officer approaching a suspect in relatively high crime area ordered the suspect, Jackson, to take his hands out of his pockets four times. Jackson finally did take his hands out and a gun fell out on the ground.



The Illinois Court of Appeals in this case ruled that the orders / commands turned a contact into a detention. Since there was no reasonable suspicion the evidence was suppressed.



In order to keep a Tier 1 contact situation, thry to request -- rather than order. And try to only have one other officer -- not two.



Obviously, the most important fact is that you must go home at night -- just realize that the court is looking for the fact that you make a contact consentual. If you can't just remember that the evidence seized will probably be suppressed.



Best -



DA