People v. Elliot

PRESIDING JUSTICE BOWMAN,

dissenting:

I respectfully dissent.

The critical issue, in my view, is whether the police had a reasonable suspicion to warrant the detention and questioning of defendant. Under Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968), an officer may conduct an investigatory stop without probable cause when he reasonably infers from specific facts that a person is committing, has committed, or is about to commit a crime. People v. Ertl, 292 Ill. App. 3d 863, 868 (1997). While I agree with the majority’s position that “mere presence,” without more, in a “crack…