In Re SV

761 N.E.2d 248, 326 Ill. App. 3d 678, 260 Ill. Dec. 404
CourtAppellate Court of Illinois
DecidedNovember 30, 2001
Docket1-00-3364
StatusPublished
Cited by3 cases

This text of 761 N.E.2d 248 (In Re SV) 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 SV, 761 N.E.2d 248, 326 Ill. App. 3d 678, 260 Ill. Dec. 404 (Ill. Ct. App. 2001).

Opinion

761 N.E.2d 248 (2001)
326 Ill. App.3d 678
260 Ill.Dec. 404

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

No. 1-00-3364.

Appellate Court of Illinois, First District, Sixth Division.

November 30, 2001.

*249 Office of the Cook County Public Defender, Chicago (Todd Avery Shanker, of counsel), for Respondent-Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb and *250 Theodore F. Burtzos, of counsel), for Petitioner-Appellee.

Justice FROSSARD delivered the opinion of the court.

The 13-year-old minor-respondent, S.V., was charged with aggravated unlawful use of a weapon, unlawful possession of a firearm, and unlawful use of a weapon. After a bench trial S.V. was found guilty of aggravated unlawful use of a weapon. S.V. was adjudicated delinquent and sentenced to probation for one year.

Respondent argues on appeal that the evidence seized must be suppressed and the conviction reversed because the arresting officer did not have reasonable articulable suspicion to justify the stop and frisk of S.V. We find the stop and frisk were legally justified and affirm.

BACKGROUND

On April 17, 2000, at about 5 p.m., Officer Michael Nallen and his two partners received several anonymous radio calls about a gang fight with shots fired at Cermak Road and Western Avenue. Officer Nallen was given some descriptions of the suspects, but could not recall the specific descriptions given. At about 5:15 p.m., in response to these multiple calls, Officer Nallen drove westbound toward Cermak and Western. Approximately, two blocks east and one block south of that location, at approximately 2238 West 21st Street, he observed the respondent in the street, walking eastbound with two other people. Officer Nallen saw the respondent and the two other people flashing gang signs of the Satan Disciples at passing vehicles and passing citizens. Officer Nallen did not speak to citizens, either driving in their cars or out on the street, who had been the subject of the gang signs flashed by respondent because they had "fled." During the hearing on the motion to suppress Officer Nallen testified:

"Q. So you were investigating gang-related shootings?
A. Yes.
Q. That's when you came upon the minor respondent and his two other friends flashing gang signs, correct?
A. That's correct.
Q. You recognized these to be gang signs?
A. That's correct.
Q. Upon seeing these gang sings, you curbed your vehicle?
A. Right.
Q. You approached the minor respondent?
A. Correct.
Q. And you wanted to ask him about what he had been doing in relation to the gang shootings, correct?
A. Correct.
Q. That's when you performed a protective pat-down?
A. Correct."

Regarding his reasons for the protective pat-down, Officer Nallen testified on cross-examination by the State as follows:

"Q. Why did you perform a protective pat-down of this minor?
A. For my safety and the safety of my partners.
Q. For your safety in what way?
A. I don't want to die.
Q. Were you concerned that there were guns on this minor?
A. Yes, I was."

Officer Nallen also testified on cross-examination as to his familiarity and experience with the area where he encountered the respondent:

"Q. How long have you been a police officer?
*251 A. It will be seven years in November.
Q. Are you familiar with this area in which you were arresting the minor respondent?
A. Yes, I am.
Q. How would you describe this area?
* * *
A. That area is Satan Disciples territory, highly gang infested. We have had numerous shootings in that area.
Q. Have you made arrests for weapon offenses in that area?
A. Absolutely.
Q. How many have you made?
A. In my career there?
Q. Yes.
A. I don't know if I can tell you offhand. I made numerous weapons arrests on that block, the 21st Street block.
* * *
Q. You knew the shootings, the gang shootings, that you were going to investigate [were] done by Satan Disciples, correct?
A. That information, I didn't have. But it was in their area, so I was figuring they were probably involved.
Q. In your experience as a police officer for the last seven years, you thought the gang shooting was involving Satan Disciples?
A. Correct."

The respondent and the two other people he was with were told to place their hands on the police car. As Officer Nallen patted down the area of respondent's front waistband, he felt what he believed to be a weapon. Officer Nallen then reached in and retrieved a .357 Magnum handgun and placed S.V. under arrest.

The trial judge, considering the totality of the circumstances, denied respondent's motion to suppress. The parties then stipulated that the evidence for trial was the same as the evidence from the suppression hearing. S.V. was adjudicated delinquent based on being found guilty of aggravated unlawful use of a weapon. This appeal followed.

ANALYSIS

The respondent contends that the police illegally stopped and searched him because they did not have reasonable suspicion that he had committed a crime or that he was armed and an immediate threat to them. The State argues that the respondent was properly stopped and searched because the police had reasonable suspicion to believe that he had been involved in a gang shooting and therefore could pat him down for weapons.

A trial court's ruling on a motion to suppress will not be reversed unless it is manifestly erroneous. People v. Hoskins, 101 Ill.2d 209, 212, 78 Ill.Dec. 107, 461 N.E.2d 941 (1984). When there is no dispute as to the facts or as to witness credibility the standard of review is de novo. People v. Dilworth, 169 Ill.2d 195, 201, 214 Ill.Dec. 456, 661 N.E.2d 310 (1996). Here, the facts and witness credibility are not in dispute, therefore we will conduct a de novo review.

I. TERRY STOP

The respondent contends his federal and state constitutional rights were violated because the police did not have legal justification to conduct a Terry stop pursuant to the principles articulated in Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889, 906 (1968); U.S. Const., amends. IV, XIV; Ill. Const.1970, art. I, *252 § 6.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Mario T.
875 N.E.2d 1241 (Appellate Court of Illinois, 2007)
In re: Mario T.
Appellate Court of Illinois, 2007

Cite This Page — Counsel Stack

Bluebook (online)
761 N.E.2d 248, 326 Ill. App. 3d 678, 260 Ill. Dec. 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sv-illappct-2001.