People v. Leggions

Filed 6/13/08 NO. 4-07-0187
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
Plaintiff-Appellant, ) Circuit Court of
v. ) Macon County
PHILLIP L. LEGGIONS, ) No. 06CF1546
Defendant-Appellee. )
) Honorable
) James R. Coryell,
) Judge Presiding.
PRESIDING JUSTICE APPLETON delivered the opinion of the court:
In November 2006, the State charged defendant, Phillip L. Leggions, with
unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2006)). In
December 2006, he filed a motion for suppression of evidence on the grounds that the
police lacked probable cause or reasonable, articulable suspicion to seize him. At the
conclusion of an evidentiary hearing, the circuit court granted the motion. The court
found that the police lacked probable cause to arrest defendant and that two people
exiting one vehicle and entering another--even in a high-crime area--did not create a
reasonable suspicion of criminal activity so as to justify an investigatory stop.
The State appeals, arguing the police had a reasonable suspicion of
criminal activity, for the area was known for narcotics trafficking, and when people got
out of their own vehicle and into another vehicle, it often meant they were buying and
selling narcotics. We conclude that a finding of reasonable suspicion in these circum-
stances would subject too many innocent travelers to arbitrary detention--and with little
more, in the way of justification, than their presence in a high-crime neighborhood.
Therefore, we affirm the circuit court's judgment.
I. BACKGROUND
Michael Gannon was a patrol sergeant with the Decatur police department,
and he testified that on October 23, 2006, he organized a surveillance of the 1100 and
1200 blocks of East Leafland Avenue. During the first six months of 2006, there had
been 12 shooting incidents in those blocks, where gangs, drugs, and murder were
rampant. The house at 1128 East Leafland Avenue was a hangout of the Leafland Street
Boys' Gang. Gannon personally had "been involved in four weapons seizures from
people either coming to or leaving that residence two months prior to this incident," and
he also "personally [had] been involved in numerous [drug] transactions at that
location."
Gannon testified that at 2:30 p.m. on October 23, 2006, he took a position
two to three blocks away from 1128 East Leafland Avenue. He had an unobstructed view
of the house. Within 15 minutes, he saw a green GMC Yukon sport utility vehicle park
almost directly in front of the house. Within two minutes, a smaller, dark vehicle pulled
up behind the Yukon, and two black men got out of that vehicle and into the Yukon.
Gannon believed a drug deal was "going down" because in his "12 years of observing
numerous drug transactions," "individuals [met] at a location, exit[ed] their vehicle,
g[o]t in another vehicle, complete[d] a transaction[,] and then le[ft]." On this occasion,
Gannon did not see any drugs or guns from his vantage point two or three blocks away,
nor did he see anything change hands. About five minutes after the two men entered the
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Yukon, Gannon radioed the other police officers on the scene to move in and investigate,
and a squad car pulled in front of the Yukon. Six to eight officers, pistols drawn, ordered
everyone in the Yukon to show their hands.
Because the side windows of the Yukon were tinted, the officers opened its
doors to make sure no one was pointing a firearm at them. The passengers raised their
hands, but defendant, in the driver's seat, put his hands down toward his feet. A
Decatur police officer, Chad Shull, ordered everyone out of the Yukon. He then saw, in
plain view, a brown piece of paper in the middle of the driver's-side floorboard, between
the driver's seat and the brake pedal, and on top of the brown paper, a white substance
that looked like crack cocaine. The substance field-tested positive. The police arrested
defendant for unlawful possession of a controlled substance (720 ILCS 570/402(c)
(West 2006)).
II. ANALYSIS
A. Standard of Review
When reviewing a circuit court's ruling on a motion for suppression of
evidence, we uphold the court's factual findings unless they are against the manifest
weight of the evidence. People v. Gherna, 203 Ill. 2d 165, 175, 784 N.E.2d 799, 805
(2003). If we accept the court's findings of fact, we decide de novo whether those facts
require a suppression of evidence. Gherna, 203 Ill. 2d at 175, 784 N.E.2d at 805. The
parties do not dispute the facts in this case; they dispute the legal effect of those facts.
Our standard of review is de novo.
B. Initially, Was the Seizure of Defendant an Investigatory Stop or Was It an Arrest?
The fourth amendment provides that "[t]he right of the people to be secure
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in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated." U.S. Const., amend. IV. Likewise, under our state
constitution, "[t]he people shall have the right to be secure in their persons, houses,
papers[,] and other possessions against unreasonable searches[] [and] seizures." Ill.
Const. 1970, art. I, §6. We interpret article I, section 6, in "limited lockstep" with the
fourth amendment. People v. Caballes, 221 Ill. 2d 282, 313, 851 N.E.2d 26, 44 (2006)
(reaffirming the "limited lockstep" doctrine). "Under this approach, [Illinois courts] will
'look first to the federal constitution, and only if federal law provides no relief [will they]
turn to the state constitution to determine whether a specific criterion--for example,
unique state history or state experience--justifies departure from federal precedent.' "
Caballes, 221 Ill. 2d at 309, 851 N.E.2d at 42-43, quoting L. Friedman, The Constitu-
tional Value of Dialogue and the New Judicial Federalism, 28 Hastings Const. L.Q. 93,
104 (2000). Neither of the parties argues for a departure from federal precedent on the
ground that article I, section 6, of the Illinois Constitution requires a different outcome
than the fourth amendment. Therefore, we interpret the quoted provisions from the two
constitutions as having the same meaning and effect.
In his motion for suppression of evidence, defendant claims the "seizure"
of his "person" by the police was "unreasonable." See U.S. Const., amend. IV; Ill. Const.
1970, art. I, §6. The threshold question is whether a seizure occurred. People v. Jones,
190 Ill. App. 3d 416, 421, 545 N.E.2d 1332, 1335 (1989). A seizure occurs when, by
physical force or a show of authority, a police officer limits a citizen's liberty. Jones, 190
Ill. App. 3d at 421, 545 N.E.2d at 1334. More plainly, a police officer "seizes" a person
when he or she accosts that person and denies that person the freedom to walk away.
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Terry v. Ohio, 392 U.S. 1, 16, 20 L. Ed. 2d 889, 903, 88 S. Ct. 1868, 1877 (1968).
Obviously, by pulling their squad car in front of defendant's vehicle, pointing their
pistols at him, commanding him to raise his hands and come out of the vehicle, and
when he did come out (or they pulled him out), handcuffing him, the police limited his
liberty and, therefore, seized him.
The next question is whether the "seizure" was "unreasonable" (U.S.
Const., amend. IV; Ill. Const. 1970, art. I, §6); for "what the [c]onstitution forbids is not
all searches and seizures, but unreasonable searches and seizures" (Elkins v. United
States, 364 U.S. 206, 222, 4 L. Ed. 2d 1669, 1680, 80 S. Ct. 1437, 1446 (1960)). To
answer that question, we must determine what kind of seizure it initially was. Case law
recognizes two types of seizures of the person: an investigatory stop and an arrest.
People v. Murray, 137 Ill. 2d 382, 387, 560 N.E.2d 309, 311 (1990). To be reasonable, an
arrest requires probable cause, whereas an investigatory stop requires reasonable
suspicion. People v. Montgomery, 332 Ill. App. 3d 817, 820-21, 773 N.E.2d 225, 228
(2002). The former standard is more stringent than the latter. People v. Lampitok, 207
Ill. 2d 231, 255, 798 N.E.2d 91, 106 (2003). "Probable cause exists if the facts and
circumstances known to the officer warrant a prudent man in believing that the offense
has been committed." Henry v. United States, 361 U.S. 98, 102, 4 L. Ed. 2d 134, 138, 80
S. Ct. 168, 171 (1959). "Reasonable suspicion exists when 'articulable facts which, taken
together with the rational inferences from those facts, *** warrant a reasonably prudent
officer' to investigate further [for criminal activity]." Lampitok, 207 Ill. 2d at 255, 798
N.E.2d at 106, quoting Maryland v. Buie, 494 U.S. 325, 334, 108 L. Ed. 2d 276, 286, 110
S. Ct. 1093, 1098 (1990). Though less than probable cause, reasonable suspicion is more
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than a hunch on the officer's part; it is an objective standard: the officer's subjective
belief that he or she has an adequate cause for suspicion will not suffice. Lampitok, 207
Ill. 2d at 255, 798 N.E.2d at 106-07.
An arrest requires a stronger justification than an investigatory stop
because an arrest is a lengthier seizure of the person. People v. Waddell, 190 Ill. App. 3d
914, 926, 546 N.E.2d 1068, 1075 (1989). An investigatory stop (often called a "Terry
stop" after Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968)) is a short
detention of the person--a detention lasting no longer than is necessary to perform a
brief investigation. People v. Hess, 314 Ill. App. 3d 306, 310, 732 N.E.2d 674, 677
(2000); 725 ILCS 5/107-14 (West 2006). A detention for a period longer than is
necessary to perform a brief investigation is considered to be an arrest. People v. Hardy,
142 Ill. App. 3d 108, 114, 491 N.E.2d 493, 498 (1986); People v. Roberts, 96 Ill. App. 3d
930, 933-34, 422 N.E.2d 154, 156-57 (1981). "[During] a lawful traffic stop, the police
may, as a matter of course, order the driver and the passengers out of the vehicle[,]
pending the completion of the stop[,] without violating the protections of the fourth
amendment." People v. Synnott, 349 Ill. App. 3d 223, 228, 811 N.E.2d 236, 241 (2004).
Because it would be illogical to grant police officers the authority to make an investiga-
tory stop while denying them the authority to enforce or effectuate that stop, the status
or nature of the investigatory stop does not change merely by virtue of the officer's
drawing a gun or using handcuffs. People v. Moore, 294 Ill. App. 3d 410, 415, 689
N.E.2d 1181, 1185 (1998); Waddell, 190 Ill. App. 3d at 928, 546 N.E.2d at 1076. "Re-
gardless of the initial restraint of the person's movement, whether a stop becomes an
arrest is determined by the length of time the person is detained and the scope of the
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investigation that follows the initial stop." People v. Ross, 317 Ill. App. 3d 26, 32, 739
N.E.2d 50, 56 (2000); see also People v. Walters, 256 Ill. App. 3d 231, 237, 627 N.E.2d
1280, 1285 (1994); People v. Smith, 208 Ill. App. 3d 44, 49-50, 566 N.E.2d 939, 943
(1991).
By drawing their pistols and putting defendant in handcuffs, the police did
not arrest him. Gannon testified he radioed the other officers to approach the Yukon for
the purpose of investigating a possible drug transaction. Soon after the police converged
on the Yukon and ordered the occupants out, they saw the cocaine in plain view; at that
point, they acquired probable cause to arrest defendant. See People v. Stroud, 189 Ill.
App. 3d 1034, 1038, 546 N.E.2d 293, 294 (1989). The issue is whether they had
reasonable suspicion to justify an investigatory stop in the first place, for without the
stop, they would not have opened the doors of the Yukon and seen the cocaine in plain
view. See People v. Reynolds, 101 Ill. App. 3d 576, 580, 428 N.E.2d 694, 697 (1981)
(evidence obtained as a result of a violation of the defendant's fourth-amendment rights
must be suppressed as "fruit of the poisonous tree").
C. Did the Police Have Cause for Reasonable Suspicion?
In Brown v. Texas, 443 U.S. 47, 52, 61 L. Ed. 2d 357, 362-63, 99 S. Ct.
2637, 2641 (1979), the Supreme Court held that a person's presence in an area of
expected criminal activity was not enough, in itself, to support a reasonable, particular-
ized suspicion that the person was committing a crime. The standard of reasonable
suspicion required something more-- and that "something more" had to be something
other than what people commonly did (otherwise, the high-crime area would effectively
be the sole basis of reasonable suspicion). In Brown, two police officers were cruising in
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their patrol car through an area of El Paso that had a high incidence of drug traffic when
"[t]hey observed [the] appellant and another man walking in opposite directions away
from one another in an alley. Although the two men were a few feet apart when they
first were seen, Officer Venegas later testified that both officers believed the two had
been together or were about to meet until the patrol appeared." Brown, 443 U.S. at 48,
61 L. Ed. 2d at 360, 99 S. Ct. at 2639. The Supreme Court explained: "The flaw in the
State's case is that none of the circumstances preceding the officers' detention of [the]
appellant justified a reasonable suspicion that he was involved in criminal conduct.
Officer Venegas testified at [the] appellant's trial that the situation in the alley 'looked
suspicious,' but he was unable to point to any facts supporting that conclusion." Brown,
443 U.S. at 51-52, 61 L. Ed. 2d at 362, 99 S. Ct. at 2641. Then, in a footnote, the Su-
preme Court added: "This situation is to be distinguished from the observations of a
trained, experienced police officer who is able to perceive and articulate meaning in
given conduct which would be wholly innocent to the untrained observer." Brown, 443
U.S. at 52 n.2, 61 L. Ed. 2d at 362 n.2, 99 S. Ct. at 2641 n.2. The Supreme Court
continued: "There is no indication in the record that it was unusual for people to be in
the alley. The fact that [the] appellant was in a neighborhood frequented by drug users,
standing alone, is not a basis for concluding that [the] appellant himself was engaged in
criminal conduct. In short, the appellant's activity was no different from the activity of
other pedestrians in that neighborhood." Brown, 443 U.S. at 52, 61 L. Ed. 2d at 362-63,
99 S. Ct. at 2641.
If Venegas had testified, as a "trained, experienced police officer," that
drug dealers often met their clients in alleys, it seems doubtful that such testimony
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would have made a difference, for the fact would have remained that pedestrians
commonly and in perfect innocence encountered other pedestrians in alleys. Although
courts consider the training and experience of the officer as part of the totality of
circumstances, they need not implicitly accept all of the officer's suspicions as reason-
able, " 'nor does mere experience mean that an [officer's] perceptions are justified by the
objective facts. The "basis of the police action must be such that it can be reviewed
judicially by an objective standard." ' " (Emphasis in original.) State v. Young, 212 Wis.
2d 417, 429, 569 N.W.2d 84, 90 (Wis. App. 1997), quoting United States v.
Buenaventura-Ariza, 615 F.2d 29, 36 (2d Cir. 1980), quoting United States v. Rico, 594
F.2d 320, 324 (2d Cir. 1979).
In Illinois v. Wardlow, 528 U.S. 119, 121-22, 145 L. Ed. 2d 570, 574-75, 120
S. Ct. 673, 674-75 (2000), the objective fact, over and above the heavy narcotics traffick-
ing in the neighborhood, was the defendant's unprovoked flight at the approach of the
police car. Running from a police officer is different from casually walking through an
alley. Lots of people walk through alleys, but, comparatively speaking, not many people
spontaneously run from police officers. "Headlong flight--wherever it occurs--is the
consummate act of evasion: it is not necessarily indicative of wrongdoing, but it is
certainly suggestive of such." Wardlow, 528 U.S. at 124, 145 L. Ed. 2d at 576, 119 S. Ct.
at 676. Running from a police officer in a high-crime neighborhood--or, indeed,
anywhere ("wherever it occurs")--was enough to arouse reasonable suspicion. Wardlow,
528 U.S. at 124, 145 L. Ed. 2d at 576, 120 S. Ct. at 676.
In the present case, defendant did not flee, and we have found no Illinois
case with facts comparable to this one. Because the determination of reasonable
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suspicion is multifaceted and fact-intensive, " 'one determination will seldom be a useful
"precedent" for another.' " Ornelas v. United States, 517 U.S. 690, 698, 134 L. Ed. 2d
911, 920, 116 S. Ct. 1657, 1662 (1996), quoting Illinois v. Gates, 462 U.S. 213, 238 n.11,
76 L. Ed. 2d 527, 548 n.11, 103 S. Ct. 2317, 2332 n.11 (1983). We have found two cases
from other jurisdictions, however, that are analogous in their facts.
In the first case, Riley v. State, 892 A.2d 370, 372 (Del. 2006), some
Newark police officers were monitoring the parking lot of a liquor store for sales of
liquor to minors. The Supreme Court of Delaware accepted the characterization of this
parking lot as a high-crime area: it was "arguably a location known for the crime of
'providing alcohol to minors.' " Riley, 892 A.2d at 376. At 8 p.m., a Ford Escort arrived
with two female passengers, both of whom appeared to be underage. Riley, 892 A.2d at
372. Five to ten minutes later, a Ford Taurus parked one or two spaces from the Escort.
Riley, 892 A.2d at 372. The defendant, John A. Riley, got out of the Taurus and entered
the rear passenger side of the Escort. Riley, 892 A.2d at 372. The two women then
turned to face Riley and, while periodically "'looking around,'" had a conversation with
him. Riley, 892 A.2d at 372. "Based upon these observations and prior investigations of
adults providing alcohol to minors, [the] officers believed they might have been witness-
ing a request by the underage girls for the man to purchase them alcohol or, perhaps, a
drug transaction." Riley, 892 A.2d at 373. The officers pulled their car behind the
Escort to prevent it from driving away. Riley, 892 A.2d at 373. Displaying their badges
and identifying themselves as police, they approached the Escort, and when Riley failed
to show his hands, they opened the door and asked him to step out. Riley, 892 A.2d at
373. They smelled marijuana and saw a bottle of pills on the floor of the Escort (as it
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turned out, the bottle contained Xanax not in the original container). Riley, 892 A.2d at
373. An officer asked Riley where the drugs were, and Riley showed him the marijuana
in his lap. Riley, 892 A.2d at 373.
The Supreme Court of Delaware stated that although Riley's presence in a
high-crime area could have been a factor for the police to consider when evaluating the
possibility of a crime in progress, it was not enough, by itself, to create reasonable
suspicion. Riley, 892 A.2d at 376. The court further held that Riley's getting out of the
Taurus, entering the Escort, and speaking to underage girls--in conjunction with the
circumstance that they were in a high-crime area--still was insufficient to create
reasonable suspicion. Riley, 892 A.2d at 378. "The observations of the officers were all
consistent with innocent behavior." Riley, 892 A.2d at 378.
In the second case, Davis v. State, 858 N.E.2d 168, 170 (Ind. App. 2006), a
24-hour Marathon gas station in Indianapolis was the site of 20 to 50 arrests over the
past four years, mostly for narcotics, illegal firearms, and prostitution. A police officer
saw a Ford Taurus pull into the gas station and, 10 minutes later, a second vehicle pull
into the gas station and park next to the Taurus. Davis, 858 N.E.2d at 170. The front-
seat passenger of the Taurus got into the front passenger seat of the second vehicle,
which then circled the lot and left the gas station. Davis, 858 N.E.2d at 170. The officer
stopped the Taurus on suspicion of drug activity. Davis, 858 N.E.2d at 171. The Court of
Appeals of Indiana agreed with the defendant that "to label the behavior displayed by
the vehicles in this case as suspicious would give the police leave to legally stop anyone
in a neighborhood known for its unlawful activity, regardless of the seemingly innocent
behavior portrayed by citizens." (Emphasis in original.) Davis, 858 N.E.2d at 173.
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Presence in a high-crime area, by itself, was insufficient to justify an investigatory stop.
Davis, 858 N.E.2d at 173. The appellate court concluded that when weighed against the
public interest, the individual's right to freedom from arbitrary interference by the
police should prevail and that the trial court erred in denying the motion for suppres-
sion. Davis, 858 N.E.2d at 173.
When assessing the reasonableness of a seizure, we weigh " ' "the public
interest" ' " against " ' "the individual's right to personal security free from arbitrary
interference by law officers." ' " Brown, 443 U.S. at 50, 61 L. Ed. 2d at 361, 99 S. Ct. at
2640, quoting Pennsylvania v. Mimms, 434 U.S. 106, 109, 54 L. Ed. 2d 331, 336, 98 S.
Ct. 330, 332 (1977), quoting United States v. Brignoni-Ponce, 422 U.S. 873, 878, 45 L.
Ed. 2d 607, 615, 95 S. Ct. 2574, 2579 (1975). When the facts used to justify an investiga-
tory detention " 'describe a very large category of presumably innocent travelers, who
would be subject to virtually random seizures' " (People v. Ortiz, 317 Ill. App. 3d 212,
225, 738 N.E.2d 1011, 1021 (2000), quoting Reid v. Georgia, 448 U.S. 438, 441, 65 L. Ed.
2d 890, 894, 100 S. Ct. 2752, 2754 (1980)), the balance "tilts in favor of freedom from
police interference" (Brown, 443 U.S. at 52, 61 L. Ed. 2d at 363, 99 S. Ct. at 2641). A
very large category of innocent travelers get out of their own cars and into other people's
cars. Teenagers do so. Friends do so when they simply want to confer together and
make plans for the day. If we deemed such behavior, together with presence in a high-
crime neighborhood, to create reasonable suspicion, we would be giving the police
absolute discretion to intrude into the lives of this broad category of innocent travelers
simply because they had the misfortune to visit or reside in a high-crime neighborhood.
"If the facts of this case were sufficient grounds for a temporary detention, every person
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who meets a friend *** to exchange football tickets or engage in a brief conversation
would be subject to police investigation." Green v. State, 744 S.W.2d 313, 314 (Tex. App.
1988). We would be giving the police "implicit authorization to create and apply an
inferior set of rights to individuals in high-crime areas, presumably because those
individuals are regarded as being less worthy than other citizens." J. Herbert, Can't You
See What I'm Saying? Making Expressive Conduct a Crime in High-Crime Areas, 9 Geo.
J. on Poverty L. & Pol'y 135, 136 (2002). "The character of the neighborhood as one
prone to crime or narcotics sales can come to dominate the reasonable[-]suspicion
inquiry, allowing stops even where the particularized observations of the suspect offered
in support of the stop are extremely minimal." M. Raymond, Down on the Corner, Out
in the Street: Considering the Character of the Neighborhood in Evaluating Reasonable
Suspicion, 60 Ohio St. L.J. 99, 99 (1999). We conclude that beyond the character of the
neighborhood, the observations in this case are too minimal to support a reasonable
suspicion and the balance tilts in favor of the individual's right to personal security and
freedom from arbitrary detention.
III. CONCLUSION
For the foregoing reasons, we affirm the circuit court's judgment.
Affirmed.
KNECHT, J., concurs.
MYERSCOUGH, J., dissents.
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JUSTICE MYERSCOUGH, dissenting:
I respectfully dissent. While I recognize the out-of-state precedent cited by
the majority, the totality of the circumstances in this case demonstrates the officers had
reasonable, articulable suspicion of criminal activity.
Whether a Terry stop was reasonable is determined by looking at the
totality of the circumstances. People v. Cordero, 358 Ill. App. 3d 121, 125, 830 N.E.2d
830, 834 (2005) (finding that mere presence of a car in a parking lot after hours was
insufficient to justify a Terry stop where the officer did not testify that the area was a
high-crime area or that she was aware of recent criminal activity in the area). While
being parked in a high-crime area does not alone create reasonable suspicion, it is a
factor to consider. See Wardlow, 528 U.S. at 124, 145 L. Ed. 2d at 576, 120 S. Ct. at 676.
In this case, given the totality of the circumstances, the officers had
reasonable suspicion of criminal activity to justify the initial seizure of defendant.
Gannon testified that defendant had parked in a high-crime area in front of a house
known as the hangout for a local gang. Gannon also testified that he had personally
been involved in four weapon seizures from people either coming to or leaving 1128 East
Leafland in the two months prior to this incident and had been involved in drug
transactions "at that location." Evidence of recent crime activity in the area can be a
factor supporting reasonable suspicion. See People v. Rivera, 304 Ill. App. 3d 124, 128,
709 N.E.2d 710, 713 (1999) (finding the defendant's presence in an airport parking lot at
8 p.m. when no airport offices were open and where prior burglaries had occurred
supported reasonable suspicion justifying the stop). Moreover, Gannon testified he was
familiar with drug transactions. Although Gannon did not observe drugs changing
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hands, he did testify that the actions of defendant and the other two men--meeting at a
location, individuals exiting one vehicle and entering the other vehicle--were consistent
with other drug transactions he had observed.
I would also find that the officers' act of drawing their weapons was
reasonable. When arrest-like measures are used, such as drawing weapons, the mea-
sures must be "'"reasonable in light of the circumstances that prompted the stop or that
developed during its course."'" People v. Nitz, 371 Ill. App. 3d 747, 754, 863 N.E.2d 817,
823-24 (2007) (involving handcuffing), quoting 4 W. LaFave, Search & Seizure §9.2(d),
at 304 (4th ed. 2004), quoting United States v. Acosta-Colon, 157 F.3d 9, 15 (1st Cir.
1998).
Individuals involved in the drug trade often carry weapons. People v.
Austin, 365 Ill. App. 3d 496, 506, 849 N.E.2d 112, 121 (2006) (involving a pat down for
officer safety). Because drug arrests have inherent dangers, it may be entirely reason-
able for officers to draw their weapons if confronting a drug suspect. See United States
v. Askew, 403 F.3d 496, 508 (7th Cir. 2005) (finding that officers executed a Terry stop,
not an arrest, when they surrounded the defendant's car and approached with their guns
drawn; such actions were reasonable in light of suspicion that one of the people in the
car was about to commit a drug-related crime).
In this case, not only did the officers suspect defendant was engaged in a
drug transaction, the officers knew that the area was a high-crime area where a number
of weapon seizures had occurred. Moreover, when told to put his hands up, defendant
reached down. On these facts, the officer's actions were reasonable. Because the officers
had reasonable, articulable suspicion that defendant was committing or about to
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commit a crime, and because the officers acted reasonably when drawing their weapons,
I would reverse the trial court's order suppressing the evidence.
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