PEOPLE v. DAVIS

No. 2-03-0603.

815 N.E.2d 92 (2004)

351 Ill. App.3d 576

286 Ill.Dec. 882

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. McKinley L. DAVIS, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 27, 2004.


Attorney(s) appearing for the Case

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Brenda Covey, Kane County Public Defender's Office, St. Charles, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, and Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for McKinley Davis.


Justice BYRNE delivered the opinion of the court:

Defendant, McKinley L. Davis, was seen riding his bicycle at nighttime without a light (see 625 ILCS 5/11-1507(a) (West 2002)). Two officers in the area advised defendant of this violation, and, while talking with defendant, one of the officers observed defendant acting nervously and attempting to put his hand in his pocket. That officer frisked defendant, detecting a box cutter in defendant's pocket. When the officer...

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