Case Brief 7 - gun was recovered on a lawful stop and...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Christopher Jewell Jan 30, 2008 CRJ-205 Case Brief 7 I. Illinois v. Wardlow 528 U.S. 119 (2000) II. History: Wardlow was arrested and charged with unlawful use of a weapon by a felon. The Illinois trial court denied his motion to suppress. Wardlow was convicted and then the Illinois Appellate Court reversed. The Illinois Supreme Ccourt Affirmed. The US Supreme Court granted certiorari and reversed III. Facts of the case: a. In 1995 officers Nolan and Harvey working in a special operations division of the Chicago PD were traveling in a 4 car caravan because of a suspected large group of people selling drugs. When the caravan passed Wardlow, who was holding an opaque bag, he fled. Officers Nolan and Harvey swung the car around and headed in the direction of Wardlow and cornered him. With their experience of possibility of weapons being with a narcotics transaction, they padded him down and found a loaded .38 caliber pistol. The court denied the suppression on the grounds that the
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: gun was recovered on a lawful stop and frisk. IV. Were the officers wrong in the actions of seizing Wardlow and frisking him a. Police officers Nolan and Harvey b. The officers chased Wardlow until he was cornered and stopped him and frisked him and found a weapon c. 4 th amendment of unreasonable search and seizure V. Opinion a. Majority Opinion: The officers were traveling to a high numbered area for drug activity; it was in this context the officers followed wardlow. His presence in the area was merely not enough for the officers to do so. The terry stop is far more than a minimal intrusion, simply allowing the officers to briefly investigate further. If the officer does not learn facts rising to the level of probable cause, the individual must be allowed to leave. But in this case the officers searched and found a weapon, then arrested him. VI. Judgment: Reversed and remanded...
View Full Document

Ask a homework question - tutors are online