illegal arrest

The First District of the Appellate Court here in Illinois reversed the ruling of a circuit court related to the illegal search of a bystander when the police arrived at the scene of an unrelated incident.

The officer was responding to a unrelated incident and observed the Defendant, Henry Sims, outside of a building not related to where the police had arrived. The police officer testified that he observed Mr. Sims place an object, the identity of which was unknown to the officer, in his pants. The police officer had had previous contact with Mr. Sims and had knowledge of a previous gun arrest. As a result, the police officer detained and searched Mr. Sims. The officer testified that he believed that the suspicious movements of Mr. Sims were consistent with someone who could be armed.

The appellate court determined that the police officer did not have a reasonable suspicion of Mr. Sims committing a crime or about to commit a crime. As a result of the illegal search of Mr. Sims, the police officer found cocaine and charged Mr. Sims under 720 ILCS 570. During his testimony the officer stated he did not see Mr. Sims commit any offenses.

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2014/1stDistrict/1121306.pdf

If you or a loved one has been arrested for drug offenses, gun offenses or other state or federal offenses that may have resulted in an illegal search, you need to be advised as to your rights and opportunities under the law.

Contact The Law Office of Purav Bhatt at 773-791-9682.