People v. Watson

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

This is an appeal by the State from an order suppressing evidence. The sole issue presented is whether the evidence secured through the search of defendants’ persons and effects was admissible as incident to a lawful “stop and frisk.” Ill. Rev. Stat. 1969, ch. 38, pars. 107 — 14 & 108 — 1.01; Terry v. Ohio, 392 U.S. 1; Sibron v. New York, 392 U.S. 40.

At the hearing on defendants’ motion to suppress evidence, Officer Leroy Almanza testified as follows: On July 24, 1970, he and his partner, Officer Walter Cap, were Chicago police…