People v. Calhoun

              Filed 6/13/08 NO. 4-07-0187
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellant,
v.
PHILLIP L. LEGGIONS,
Defendant-Appellee.
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Appeal from
Circuit Court of
Macon County
No. 06CF1546
Honorable
James R. Coryell,
Judge Presiding.
PRESIDING JUSTICE APPLETON delivered the opinion of the court:
In November 2006, the State charged defendant, Phillip L. Leggions, with
unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2006)). In
December 2006, he filed a motion for suppression of evidence on the grounds that the
police lacked probable cause or reasonable, articulable suspicion to seize him. At the
conclusion of an evidentiary hearing, the circuit court granted the motion. The court
found that the police lacked probable cause to arrest defendant and that two people
exiting one vehicle and entering another--even in a high-crime area--did not create a
reasonable suspicion of criminal activity so as to justify an investigatory stop.
The State appeals, arguing the police had a reasonable suspicion of
criminal activity, for the area was known for narcotics trafficking, and when people got
out of their own vehicle and into another vehicle, it often meant they were buying and
selling narcotics. We conclude that a finding of reasonable suspicion in these circum-