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Actions Consistent With Burglar Warrant Stop and Frisk

Posted by Daniel Herbert DUI/Criminal Defense
Actions Consistent With Burglar Warrant Stop and Frisk

Police observed an individual attempting to enter a parked vehicle by tugging on the trunk handle and the door handles. After doing this, the individual continued to walk down the street and past the residence that the vehicle was parked in front of. The officers considered this behavior suspicious and approached the individual to conduct a field interview. During the field interview, the officers made the decision to conduct a pat-down search of the individual. Shortly thereafter, police found cocaine in a nearby storm drain, which they alleged the defendant spit out and pushed into the drain. The individual was arrested and he subsequently filed a motion to suppress the evidence on the theory that the police had no reason to stop or search him.

The Appellate Court concluded that it was plausible for the officers to believe that defendant was trying to burglarize vehicles and to believe that the defendant may have had burglary tools or screwdrivers that could be used as a weapon. Thus, under totality of circumstances, the stop and search was justified.

People v. Claypool, 2014 IL App (3rd) 120468

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