(DOWNLOAD) "People v. Smithers" by Supreme Court of Illinois " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Smithers
- Author : Supreme Court of Illinois
- Release Date : January 01, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This appeal concerns the admissibility of evidence obtained during a police stop and frisk. The defendant was found in possession of a pistol and charged with unlawful use of weapons. Prior to trial, the defendant filed a motion to suppress the pistol taken from him following a pat-down search. The Peoria County circuit court allowed the motion. The appellate court affirmed, with one justice dissenting. (75 Ill. App.3d 883.) We granted the State leave to appeal under our Rule 315 (73 Ill.2d R. 315). We find the search to have been reasonable and reverse the judgment of the appellate court. At approximately 4 a.m. on February 10, 1978, Officers Robert Nelson and Alan Meisener of the Peoria city police department were radio dispatched to the Spanish Lady Tavern. A telephone call to the police station several minutes earlier indicated there was a man with a gun at the tavern. Officer Meisener stated that when he arrived at the tavern he heard yelling from inside. There were approximately 20 patrons in the tavern at that time. He entered the front door and noticed the defendant, Louis Smithers, walking toward him. The defendant was wearing a large goose-down coat, which was buttoned and zipped. The defendant, then 10 to 15 feet from Officer Meisener, reversed direction and walked toward the tavern's rear exit. Officer Meisener testified that he asked the bartender, Robert Foraker, if the defendant had been involved in the fracas. The bartender responded, Yes. Officer Meisener then instructed the second officer, Robert Nelson, to stop the defendant. Officer Nelson ran around the building and stopped the defendant as he was leaving the passageway connected to the tavern's rear exit. Without his consent, the defendant was then given a pat-down search. The search produced a gun. Louis Smithers was then charged with two counts of unlawful use of weapons. Ill. Rev. Stat. 1977, ch. 38, pars. 24-1(a)(4), 24-1(a)(10).
 "People v. Smithers" by Supreme Court of Illinois " eBook PDF Kindle ePub Free){kind=link}