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OFFICER’S TONE ENOUGH TO MAKE DETENTION UNLAWFUL

Posted by mjdadmin DUI/Criminal Defense
OFFICER’S TONE ENOUGH TO MAKE DETENTION UNLAWFUL

A jury convicted the defendant of possession of a controlled substance with intent to deliver and the defendant was sentenced to 3 years of probation. Police seized defendant without reasonable suspicion and thus the court erred when it denied the defendant’s motion to quash the arrest and suppress evidence. Evidence showed that the investigator immediately seized defendant when he arrived at the scene and admitted defendant was not committing a crime, and that defendant was free to leave. The defendant’s compliance with the investigator’s requests to stop, return to the vehicle, and answer questions was required, and the language and tone of voice used by the investigator compelled the defendant’s compliance. The officers lacked reasonable suspicion that the defendant was committing a crime and therefore the seizure was illegal.  People v. Williams, 2016 IL App (1st) 132615

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