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CPD Terry Stop Stands in Armed Offender Appeal

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A Chicago man’s failure to comply provided justification for admitting into evidence the semi-automatic pistol that earned him a prison term as an armed habitual criminal, according to the 1st District Appellate Court. Judges there affirmed a Cook County circuit decision to let stand the Terry stop of DeAndre McMichaels, who challenged the CPD violated his rights under the US Supreme Court ruling that governs the unwarranted stop-and-frisk searches. Despite his matching a tipster’s description, McMicheals claimed that police lacked probable cause when they nabbed him in 2016.

The three men with McMicheals all showed their hands when requested to do so by the cops who approached them in responding to an anonymous call about a man with a gun on West Ferdinand Ave. in Humboldt Park.  Instead, McMichael showed his back to them with a hand in his pocket. When an officer grabbed his arm out of safety concerns, cops spied the gun and cuffed McMichaels. In denying the motion to suppress the weapon and quash the mandatory eight-year sentence, judges cited McMicheals’ repeatedly turning away as reasonable suspicion and noted that Fourth Amendment protections don’t begin until a seizure occurs.