People v. Sims – Stop & Frisk 2 part analysis

May 7, 2014 5:48 pm Published by

On April 30, 2014 the appellate court found that a stop is only justified if there is is first reasonable suspicion that a crime had been, was being, or was about to be committed.  The addition of the frisk is allowed only if there is reasonable belief that the suspect was armed and dangerous.  Chicago Police officers were on routine patrol when they saw the Defendant and thought he sold or bought drugs.  The officers followed the Defendant and saw him stuff an unknown item into his crotch area.  The officer remembered that he had arrested the Defendant in the past for a gun.  The officer stopped and searched the Defendant and found drugs.  The court held that the observation were not sufficient to give the officer a reasonable belief that the Defendant was armed and dangerous. People v. Sims (1st Dist. 4/30/2014)Bronze Seals and Aries


 

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