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People v. Johnson

Citations

  • 945 N.E.2d 2
  • 408 Ill. App. 3d 107
  • 348 Ill. Dec. 695
  • 2010 Ill. App. LEXIS 1406

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that flight from a lawful Terry stop provides the police with probable cause to arrest a defendant for obstructing a peace officer
  • holding that flight from a lawful Terry stop provides the police with probable cause to arrest a defendant for obstructing a peace officer
  • concluding that police officer’s actions in handcuffing defendant constituted an arrest, rather than a Terry stop, where such use of force was not reasonable based on the facts surrounding the stop
  • “handcuffing is proper during an investigatory stop only when it is a necessary restraint to effectuate the stop and foster the safety of the officers”
  • “[P]robable cause is an objective standard, and a police officer’s subjective belief regarding its existence is not determinative.”
  • “[T]he rule is clear that when an automobile is apprehended for a traffic stop, police have valid right to detain passengers as well as the driver.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Joseph Gordon

Read full opinion on CourtListener

Cited by

13 cases in this archive cite this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.