In Re JJ

539 N.E.2d 764, 183 Ill. App. 3d 381
CourtAppellate Court of Illinois
DecidedMay 15, 1989
Docket2-88-0246
StatusPublished
Cited by10 cases

This text of 539 N.E.2d 764 (In Re JJ) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re JJ, 539 N.E.2d 764, 183 Ill. App. 3d 381 (Ill. Ct. App. 1989).

Opinion

183 Ill. App.3d 381 (1989)
539 N.E.2d 764

In re J.J., a Minor (The People of the State of Illinois, Petitioner-Appellant,
v.
J.J., Respondent-Appellee).

No. 2-88-0246.

Illinois Appellate Court — Second District.

Opinion filed May 15, 1989.

*382 *383 Gary V. Johnson, State's Attorney, of Geneva (William L. Browers and Colleen Griffin, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

G. Joseph Weller, of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Respondent, J.J., was charged in a petition for adjudication as a delinquent minor filed in the circuit court of Kane County with the offenses of unlawful possession of a controlled substance (Ill. Rev. Stat. 1987, ch. 56 1/2, par. 1402(a)(2)) and unlawful use of weapons (Ill. Rev. Stat. 1987, ch. 38, par. 24-1(a)(4)). Following the granting of respondent's motion to quash arrest and suppress evidence seized during a pat-down search, the State appeals pursuant to Supreme Court Rules 604(a)(1) and 660(a) (107 Ill.2d Rules 604(a)(1), 660(a)).

The sole issue raised on appeal is whether the granting of respondent's motion to quash arrest and suppress evidence was manifestly erroneous because the stop of respondent was valid under Terry v. Ohio (1968), 392 U.S. 1, 20 L.Ed.2d 889, 88 S.Ct. 1868.

While the motion to quash arrest and suppress evidence alleged generally that respondent's arrest was illegal, the focus of the arguments before the trial court and in this court is that the initial stop of respondent was invalid.

At the suppression hearing, respondent placed in evidence an audio tape of a telephone call made to the Elgin police department at approximately 12:15 a.m. on October 18, 1987. The audio tape reveals that a security guard at the McDonald's restaurant on Summit Street in Elgin reported that there was a man with a gun in the restaurant. The guard had not seen the gun himself but had been told about it by a customer. He described the subject with the gun as a black male, approximately 25 years old, wearing black pants, a blue and white jacket, and white tennis shoes. The subject exited the restaurant and was reported to be walking southbound on Gifford Street. The dispatcher *384 radioed the information to squad cars in the area.

Officer Robert Christ of the Elgin police department testified at respondent's detention hearing, and his testimony was offered into evidence at the suppression hearing. According to Christ, when he received the radio dispatch concerning a man with a gun, he was only three blocks from the McDonald's restaurant. He proceeded to the restaurant and, as he approached, he saw respondent walking nearby and crossing the street. Respondent matched the description the officer had received over the radio. Officer Christ pulled up in front of respondent, exited the squad car, and indicated to respondent to come over to the squad car. Christ had respondent put his hands on the trunk of the squad car and patted him down as a gun had been mentioned. He felt a gun in respondent's jacket pocket. After recovering the gun, a .38 caliber Colt Cobra handgun, he and another officer continued the search and discovered ammunition in respondent's pants pocket and a small bag with packets of white powder in another jacket pocket. The powder tested positive for cocaine.

Respondent testified that on October 18, 1987, at approximately midnight, he had been at McDonald's. As he walked away from the restaurant, he was stopped by the police. He was told to put his hands up, and he was searched.

In granting the suppression order, the trial court, relying on the holding in People v. Moraca (1984), 124 Ill. App.3d 561, 464 N.E.2d 312, found that an uncorroborated tip was insufficient to justify an investigatory stop.

The State contends that Officer Christ had sufficient articulable facts which justified the initiation of a temporary stop for investigatory purposes. Respondent argues that the stop, based solely upon information from an anonymous person that a certain described person was carrying a gun, was not justified.

• 1 On a motion to suppress evidence, the burden of proof is on the defendant to establish that the search and seizure were unreasonable. (People v. Neal (1985), 109 Ill.2d 216, 218, 486 N.E.2d 898, 899.) A reviewing court will not reverse the trial court's finding on a motion to suppress evidence unless the finding is manifestly erroneous. Neal, 109 Ill.2d at 218, 486 N.E.2d at 899.

• 2 In Terry v. Ohio (1968), 392 U.S. 1, 20 L.Ed.2d 889, 88 S.Ct. 1868, the Supreme Court recognized a limited exception to the probable cause requirement which allows a police officer, under appropriate circumstances and in an appropriate manner, to briefly detain a person for investigatory purposes and, if necessary for safety, to conduct a limited protective search of that person for concealed weapons. *385 Specific and articulable facts, and not a mere hunch, must exist to justify a Terry stop and a frisk for a weapon. (Terry, 392 U.S. at 27, 20 L.Ed.2d at 909, 88 S.Ct. at 1883.) These principles have been codified in our Code of Criminal Procedure of 1963. Ill. Rev. Stat. 1987, ch. 38, par. 107-14; see People v. Long (1983), 99 Ill.2d 219, 228, 457 N.E.2d 1252.

In Adams v. Williams (1972), 407 U.S. 143, 32 L.Ed.2d 612, 92 S.Ct. 1921, the Supreme Court addressed the propriety of a police officer's reliance on an informant's tip in conducting a Terry stop. In Adams, the police officer was patrolling alone early in the morning in a high-crime area when a person known to the officer approached his squad car and informed him that an individual seated in a nearby vehicle was carrying narcotics and had a gun in his waistband. (Adams, 407 U.S. at 144-45, 32 L.Ed.2d at 616, 92 S.Ct. at 1922.) The officer, after radioing for assistance, approached the vehicle, tapped on the window, and asked the occupant to open the door. When the occupant rolled down the window instead, the officer reached into the vehicle and removed a fully loaded revolver from the occupant's waistband. Adams, 407 U.S. at 145, 32 L.Ed.2d at 616, 92 S.Ct. at 1922-23.

The majority held that the officer acted justifiably in responding to the informant's tip. (Adams, 407 U.S. at 146, 32 L.Ed.2d at 617, 92 S.Ct. at 1923.) The Court further held that because the officer knew the informant and had received information from him previously, because the informant came forward personally, and because the information was immediately verifiable at the scene, the information carried enough indicia of reliability to justify the officer's stop of the vehicle's occupant even though the unverified tip may have been insufficient to establish probable cause for an arrest or a search warrant. Adams, 407 U.S. at 146-47, 32 L.Ed.2d at 617, 92 S.Ct. at 1923-24.

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Bluebook (online)
539 N.E.2d 764, 183 Ill. App. 3d 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jj-illappct-1989.