Criminal Procedure keyed to Israel
Illinois v. Wardlow
Facts
While holding an opaque bag in an area known for heavy narcotics trafficking, the defendant flees on seeing police officers patrolling, and two officers catch up to him and conduct a pat-down weapons search finding a .38 caliber handgun on his person. Trial court denied the defendant’s motion to suppress, but the appellate court reversed. The Illinois Supreme Court upheld the lower appellate court’s result stating that the combination of sudden flight and presence in a high crime area did not reach the status of reasonable suspicion necessary to justify a Terry stop. The Supreme Court granted certiorari to the State of Illinois.
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