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Court Finds Anonymous Tip Insufficient For Terry Stop

COURT FINDS ANONYMOUS TIP INSUFFICIENT FOR TERRY STOP

In People v. Rhinehart, 2011 IL App (1st) 100683, a Chicago Police Officer was flagged down and told that a black male wearing a white shirt and yellow pants was carrying a gun.  The police then located the man and conducted a pat-down search which resulted in the recovery of a weapon.  At the trial court, defendant filed a motion to attempt to have the gun suppressed and cited Terry v. Ohio, 392 US 1 (1968) and Florida v JL, 529 US 266 (2000).  The trial court denied the motion.  Defendant appealed and the Appellate Court reversed.

Here the state provided no basis to believe that the informant was reliable and there was insufficient basis for the officer to believe that defendant was engaged in criminal activity to justify a Terry stop.