PEOPLE v. SMITHERS

No. 52637.

83 Ill.2d 430 (1980)

415 N.E.2d 327

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. LOUIS SMITHERS, Appellee.

Supreme Court of Illinois.

Opinion filed December 1, 1980.


Attorney(s) appearing for the Case

Tyrone C. Fahner and William J. Scott, Attorneys General, of Springfield and Michael M. Mihm, State's Attorney, of Peoria (Donald B. Mackay, Melbourne A. Noel, Jr., and Maureen Cain, Assistant Attorneys General, of Chicago, and John X. Breslin and Rita F. Kennedy, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Ronald L. Hamm, of Hamm & Hanna, Ltd., of Peoria, for appellee.

Fred E. Inbau, of Chicago, Wayne W. Schmidt, of San Francisco, and James P. Manak, of Glen Ellyn (Richard J. Brzeczek, and Joseph C. Haughey, of the Chicago Police Department, and James A. Murphy, of the Peoria Police Department, of counsel), for amici curiae Americans For Effective Law Enforcement, Inc., et al.


Reversed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

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...

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