People v. Davis

34 Citing cases

  1. People v. Walker

    2013 Ill. App. 4th 120118 (Ill. App. Ct. 2013)   Cited 13 times

    Although the court's findings might very well support a reasonable belief defendant's purse contained something she did not want the officers to find, perhaps even something illegal, that is an entirely different question than whether the facts and circumstances supported a reasonable belief she was armed and dangerous. ¶ 41 In People v. Davis, 352 Ill.App.3d 576, 577, 286 Ill.Dec. 882, 815 N.E.2d 92, 94 (2004), two Elgin, Illinois, police officers initiated a Terry stop of the juvenile defendant because he was riding a bicycle at night without a light (see 625 ILCS 5/11–1507(a) (West 2002)). While the officers were questioning him, “defendant appeared nervous.

  2. People v. Jackson

    2012 Ill. App. 103300 (Ill. App. Ct. 2012)   Cited 31 times
    Stating that "unusual conduct" can lead an officer to reasonably "conclude * * * that criminal activity may be afoot," and finding the defendant's bizarre and "erratic" behavior justified a Terry stop

    To justify a protective patdown, the State must demonstrate that "a reasonably prudent person, when faced with the circumstances that the police confronted, would have believed that his safety or the safety of others was in danger." People v. Davis, 352 Ill.App.3d 576, 580, 286 Ill.Dec. 882, 815 N.E.2d 92 (2004). Since the record discloses bizarre behavior by defendant in a high-crime area, we find that the officers had a reasonable concern about their safety and the safety of others in their vicinity.

  3. People v. Profit

    2021 Ill. App. 2d 200350 (Ill. App. Ct. 2021)   Cited 1 times

    To justify a frisk," 'the officer must reasonably believe that the defendant is armed and dangerous.'" Shipp, 2015 IL App (2d) 130587, ¶ 43 (quoting People v. Davis, 352 Ill.App.3d 576, 580 (2004)). This means that" 'a reasonably prudent person, when faced with the circumstances that the police confronted, would have believed that his safety or the safety of others was in danger.'"

  4. People v. Pena

    2016 Ill. App. 132537 (Ill. App. Ct. 2016)

    Unlike the improper searches in Flowers and Holliday, nothing in the record herein indicates that the detective was engaged in any exploratory search or that the pat-down of defendant was part of any routine. See also Walker, 2013 IL App (4th) 120118, ¶ 51 (where detective "never testified he searched the [defendant's] purse as a protective measure before allowing defendant to retrieve her identification" but "[r]ather, [the detective's] curiosity was piqued about what was in the purse," the appellate court concluded that the detective's "curiosity does not justify a Terry search"). ¶ 41 Citing People v. Davis, 352 Ill. App. 3d 576 (2004), defendant contends that "anxiousness does not create a reasonable belief that someone is armed with a weapon." In Davis, the defendant was observed riding his bicycle at nighttime without a light, in violation of the Illinois Vehicle Code.

  5. People v. Shipp

    2015 Ill. App. 2d 130587 (Ill. App. Ct. 2015)   Cited 27 times
    Declining to apply Thomas because the defendant initially complied with police instructions to stop and was seized

    725 ILCS 5/108-1.01 (West 2008); People v. Davis, 352 Ill. App. 3d 576, 580 (2004). Here, even if the stop had been proper, the police had no grounds to conduct a frisk. ¶ 43 In order to frisk a defendant for weapons, "the officer must reasonably believe that the defendant is armed and dangerous."

  6. People v. Fox

    2014 Ill. App. 2d 130320 (Ill. App. Ct. 2014)   Cited 9 times

    This is an objective standard that is satisfied if, in light of the totality of the circumstances, a reasonably prudent person in that situation would believe that his or her safety or the safety of others is in danger. People v. Davis, 352 Ill.App.3d 576, 580, 286 Ill.Dec. 882, 815 N.E.2d 92 (2004). Likewise, the sole fact that a person has been properly detained as a suspect in a crime such as burglary does not automatically grant an officer the right to conduct a search.

  7. People v. Linley

    388 Ill. App. 3d 747 (Ill. App. Ct. 2009)   Cited 42 times
    Finding “some authority” for the application of a less rigorous standard of corroboration when the tip concerns an imminent threat to public safety

    During a Terry stop, an officer may frisk a person for weapons where the officer reasonably believes that he is dealing with an armed and dangerous individual. People v. Davis, 352 Ill. App. 3d 576, 580 (2004). "This reasonable belief is met if a reasonably prudent person, when faced with the circumstances that the police confronted, would have believed that his safety or the safety of others was in danger."

  8. People v. Taylor

    388 Ill. App. 3d 169 (Ill. App. Ct. 2009)   Cited 13 times
    Finding that officer could lawfully place bicyclist under custodial arrest after observing him violating two municipal ordinances regarding bicycle use

    When reviewing a ruling on a motion to quash an arrest and suppress evidence, we apply a dual standard of review. People v. Davis, 352 Ill. App. 3d 576, 579 (2004). We accord great deference to the trial court's factual findings and reverse those conclusions only if they are against the manifest weight of the evidence.

  9. People v. Wallace

    2023 Ill. App. 200917 (Ill. App. Ct. 2023)

    and Officer Zeman testified that in his experience, defendant's behavior was unusual. See Salgado, 2019 IL App (1st) 171377, ¶ 25; cf. People v. Davis, 352 Ill.App.3d 576, 581-83 (2004) (finding the officer had no reason to believe the defendant was armed and dangerous, where the defendant was compliant with the officer's requests, it was not a high-crime area, the defendant only exhibited some nervousness, and he could have placed his hand in his pocket for any number of innocent reasons).

  10. People v. Wallace

    2023 Ill. App. 200917 (Ill. App. Ct. 2023)

    In addition, it was late evening, officers were patrolling the area due to a gang conflict resulting in several shootings, and Officer Zeman testified that in his experience, defendant's behavior was unusual. See Salgado, 2019 IL App (1st) 171377, ¶ 25; cf. People v. Davis, 352 Ill.App.3d 576, 581-83 (2004) (finding the officer had no reason to believe the defendant was armed and dangerous, where the defendant was compliant with the officer's requests, it was not a high-crime area, the defendant only exhibited some nervousness, and he could have placed his hand in his pocket for any number of innocent reasons).