Case Brief : Illinois V. Wardlow

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Case Brief
Illinois v. Wardlow
Maria Homer
Columbia Southern University
March 11, 2016

Case Brief
Illinois v. Wardlow, 528 U.S. 119 (2000)
On September 9, 1995, two officers Nolan and Harvey worked as uniformed officers in special operations for the Chicago Police Department. The expectations for entering this area was to find a crowd of people in the area, including lookouts and customers. Upon arriving to the area, Officer Nolan observed Wardlow standing next to a building holding an opaque bag. Wardlow looked in the direction of the officers and fled. Nolan and Harvey pursued in chase and cornered Wardlow on the street. Nolan exits the car and approaches Wardlow, and conducted a protective pat down search for weapons. In doing so, Officer Nolan found a .38-caliber handgun with five live rounds of ammunition. The officers arrested Wardlow. Wardlow was convicted of unlawful use of a weapon by a felon. The Illinois trial court denied motion to suppress, finding the gun was recovered during a lawful stop and frisk. The Illinois Appellate Court reversed Wardlow 's conviction, concluding that the gun should have been suppressed because Officer Nolan did not have reasonable suspicion sufficient to justify an investigative stop pursuant to Terry v. Ohio, 392 U. S. 1 (1968). 287 Ill. App. 3d 367, 678 N. E. 2d 65 (1997). The Illinois Supreme Court agreed. 183 Ill. 2d 306, 701 N. E. 2d 484 (1998). While rejecting the Appellate Court 's conclusion
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