Search & seizure; Terry stop scope; Terry v Ohio; Search & seizure; Reasonable suspicion; People v Prude; Duration of stop; Rodriquez v United States; Review of video evidence; People v Trapp

The court held that the officers unlawfully extended the Terry stop after facts known to them dispelled reasonable suspicion, so the evidence discovered during the stop had to be suppressed. Officers stopped defendant while responding to a 911 report that a black man named Orlando Robertson, wearing a red jersey, driving a grey or silver Jeep, and accompanied by a woman, had assaulted a caller and chased her with a gun. The trial court denied defendant’s motion to suppress, and a jury later convicted him of possession with intent to deliver less than 50 grams of controlled substances. On appeal, the court assumed the officers could initially stop defendant, but held that Terry did not allow them to continue the seizure once available facts undermined suspicion because Terry stops are limited in “scope and duration” and may last “no longer than is necessary” to confirm or dispel suspicion. The court found the trial court erred in concluding the officers learned the exculpatory details only after the stop began because dispatch audio showed that information was given before defendant was seized. It next held that the trial court erred in finding defendant failed to provide identification, because dashcam audio captured defendant saying, “I got my ID right here, man,” and officers later found his license in the driver’s side door pocket. Because those erroneous factual findings had justified escalating the encounter, and no other valid basis supported prolonging the stop, suppression was required. Reversed, convictions vacated, and remanded.