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Pat Down Search What You Need To Know
Episode 496 (Duration 13:26) Here’s a quick summary of 5 recent “pat down” cases.
5 Illinois Pat Down Search Cases That Explain When You Can Pat & When You Can’t
3 Go for the State, and 2 come out in favor of the defense.
In This Episode…
We discuss the following cases:
* People v. Richardson, 2017 IL App (1st) 130203-B (May)* People v. Evans, 2017 IL App (4th) 140672 (March)* In re Jarrell C., 2017 IL App (1st) 170932 (December)* People v. Gomez, 2018 IL App (1st) 150605 (April)* In re D.L., 2017 IL App (1st) 171764 (December)
…and the bonus:
* People v. Timmsen, 2016 IL 118181 (March)
People v. Richardson
Fidgeting With Your Waistband At The Wrong Time Gonna Get You Patted Down.
This pat down was justified after Defendant was fidgeting with his waistband and reaching for something after he was told to show them his hands.
Facts
Officers stop a car matching the general description of a stolen car.
Officer Akinbusuyi approached the vehicle from the passenger’s side while Officer Johnson approached the driver’s side.
Officer Johnson requested that the driver exit the vehicle after the driver was unable to produce a driver’s license or insurance information. As the driver exited the vehicle, Officer Akinbusuyi observed the defendant mumbling and reaching “into the center console with his right hand but with his left hand it was stuffing something in his waistband.”
Kind of Fishy
Officer Akinbusuyi testified that he found the defendant’s actions unusual, because “he had no reason to be doing that after I verbally told him let me see your hands.”
Officer Akinbusuyi testified that his “best judgment was that he was hiding something in his waistband.”
Based on his experience, he believed that “[i]t was mostly likely a weapon, drugs or something he didn’t want me to find.”
Defendant Ordered Out
Officer Akinbusuyi asked the defendant to exit the vehicle, and the defendant complied.
Officer Akinbusuyi handcuffed the defendant, “patted down the area” and discovered a handgun in the defendant’s waistband.
The officers subsequently searched the vehicle and found the victim’s culinary tools confirming it was the stolen car.
Issue
Defendant contends that his motion to suppress evidence and quash arrest should have been granted because the arresting officer’s pat-down search was unconstitutional.
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By Police NuggetsEpisode 496 (Duration 13:26) Here’s a quick summary of 5 recent “pat down” cases.
5 Illinois Pat Down Search Cases That Explain When You Can Pat & When You Can’t
3 Go for the State, and 2 come out in favor of the defense.
In This Episode…
We discuss the following cases:
* People v. Richardson, 2017 IL App (1st) 130203-B (May)* People v. Evans, 2017 IL App (4th) 140672 (March)* In re Jarrell C., 2017 IL App (1st) 170932 (December)* People v. Gomez, 2018 IL App (1st) 150605 (April)* In re D.L., 2017 IL App (1st) 171764 (December)
…and the bonus:
* People v. Timmsen, 2016 IL 118181 (March)
People v. Richardson
Fidgeting With Your Waistband At The Wrong Time Gonna Get You Patted Down.
This pat down was justified after Defendant was fidgeting with his waistband and reaching for something after he was told to show them his hands.
Facts
Officers stop a car matching the general description of a stolen car.
Officer Akinbusuyi approached the vehicle from the passenger’s side while Officer Johnson approached the driver’s side.
Officer Johnson requested that the driver exit the vehicle after the driver was unable to produce a driver’s license or insurance information. As the driver exited the vehicle, Officer Akinbusuyi observed the defendant mumbling and reaching “into the center console with his right hand but with his left hand it was stuffing something in his waistband.”
Kind of Fishy
Officer Akinbusuyi testified that he found the defendant’s actions unusual, because “he had no reason to be doing that after I verbally told him let me see your hands.”
Officer Akinbusuyi testified that his “best judgment was that he was hiding something in his waistband.”
Based on his experience, he believed that “[i]t was mostly likely a weapon, drugs or something he didn’t want me to find.”
Defendant Ordered Out
Officer Akinbusuyi asked the defendant to exit the vehicle, and the defendant complied.
Officer Akinbusuyi handcuffed the defendant, “patted down the area” and discovered a handgun in the defendant’s waistband.
The officers subsequently searched the vehicle and found the victim’s culinary tools confirming it was the stolen car.
Issue
Defendant contends that his motion to suppress evidence and quash arrest should have been granted because the arresting officer’s pat-down search was unconstitutional.