People v. Smith

The People appeal the in limine ruling of the circuit court of Jackson County suppressing evidence illegally obtained. Although a number of issues are raised, this court finds the underlying issues to be whether the original Terry stop (Terry v. Ohio (1968), 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868) of defendant, Charles E. Smith, was valid, and whether the stop was properly extended. We reverse and remand.

On September 9, 1988, Carbondale police officer Richard Brunner received a “suspicious person” radio call. The dispatcher indicated that a suspicious black male was walking east, going…