There is no indication that the detectives did anything that would suggest that defendant was compelled to accompany them or that the detectives misled defendant or his mother about the purpose of their interaction with defendant. The facts of this case are more like those in People v. McKinney, 277 Ill. App. 3d 889 (1996). In that case, two detectives went to the 17-year-old defendant's home to question her about the death of her baby.
We note "`that whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person.'" Dunaway v. New York, 442 U.S. 200, 207 n. 6, 60 L. Ed. 2d 824, 832 n. 6, 99 S. Ct. 2248, 2253 n. 6 (1979), quoting Terry v. Ohio, 392 U.S. 1, 16, 20 L. Ed. 2d 889, 903, 88 S. Ct. 1868, 1877 (1968); People v. McKinney, 277 Ill. App. 3d 889, 893 (1996). In the Code of Criminal Procedure of 1963, an arrest is defined as the taking of a person into custody and is accomplished by an actual restraint of that person or by his submission to custody.
We note "'that whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person.'" Dunaway v. New York, 442 U.S. 200, 207 n. 6, 60 L. Ed. 2d 824, 832 n. 6, 99 S. Ct. 2248, 2254 n. 6 (1979), quoting Terry v. Ohio, 392 U.S. 1, 16, 20 L. Ed. 2d 889, 903, 88 S. Ct. 1868, 1877 (1968); People v. McKinney, 277 Ill. App. 3d 889, 893 (1996). In the Code of Criminal Procedure of 1963, an arrest is defined as the taking of a person into custody and is accomplished by an actual restraint of that person or by his submission to custody.
leave. People v. McKinney, 277 Ill. App. 3d 889 (1996). After the Cook County Forest Preserve police confiscated Palombi's belongings in the Bunker Hill Forest Preserve, where he illegally camped, Palombi voluntarily contacted the officers and arranged to meet them to retrieve his things.
We do not perceive any action taken by the detectives suggesting that defendant and Sta-Von were compelled to accompany them. Rather, it is clear from the evidence that the parents concurred in the detectives' request and voluntarily accompanied the officers to Area 5. Here, as in People v. McKinney, 277 Ill. App. 3d 889, 894, 661 N.E.2d 408, 411 (1996), there is no indicia of an arrest; certainly no formal declaration or any routine arrest procedures such as the show of force or physical restraint. Moreover, as in McKinney, given that the cause of the child's death was still unknown, it is unlikely that any intention to effect an arrest existed.