342 N.E.2d 356 (Ill. 1976), 47231, People v. Robinson

Docket Nº:47231.
Citation:342 N.E.2d 356, 62 Ill.2d 273
Party Name:The PEOPLE of the State of Illinois, Appellant, v. Charles ROBINSON et al., Appellees.
Case Date:January 26, 1976
Court:Supreme Court of Illinois
 
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Page 356

342 N.E.2d 356 (Ill. 1976)

62 Ill.2d 273

The PEOPLE of the State of Illinois, Appellant,

v.

Charles ROBINSON et al., Appellees.

No. 47231.

Supreme Court of Illinois.

January 26, 1976.

Page 357

[62 Ill.2d 274] William J. Scott, Atty. Gen., Springfield, and Bernard Carey, State's Atty., Chicago (James B. Zagel and Jayne A. Carr, Asst. Attys. Gen., and Laurence J. Bolon, Edward J. Ozog, Douglas Cannon, and Robert J. Raab, Asst. State's Attys., of counsel), for the People.

James J. Doherty, Public Defender, Chicago (James N. Gramenos, Asst. Public Defender, of counsel), for appellees.

WARD, Chief Justice.

The defendants, Charles Robinson and Jesse Redwood, who had been indicted for burglary in the circuit court of Cook County on April 6, 1972, moved to quash the arrest which led to their indictment and to suppress evidence seized on the ground that the arresting officer lacked probable cause to arrest. The trial court allowed the motion, and its order was affirmed by the appellate court (23 Ill.App.3d 955, 320 N.E.2d 388). We granted the People's petition for leave to appeal.

At the hearing on the motion to suppress Edward Hobbs, a Chicago police officer, testified that on October 28, 1971, when he was off duty and in plain clothes, he observed the defendants walk from a gangway on Adams Street in Chicago. He testified the locality was a high-crime area. The defendant Robinson was walking in front of Redwood. Officer Hobbs testified that the two men stopped at the mouth of the gangway and Robinson [62 Ill.2d 275] looked up and down the street. The defendants then proceeded to cross the street at a 'very fast, brisk gait' and headed in the direction of an alley on the other side of the street. In his right hand Robinson carried a 12-gauge long-barrelled pump shotgun upside down with the trigger portion covered by a tan trench coat. About 16 to 17 inches of the barrel and butt of the weapon were protruding from the coat. In his left hand he carried a beige portable television set. Redwood followed him carrying a large white laundry bag filled with objects the officer could not identify protruding from the top of it. Hobbs approached the defendants from their rear holding his star in his left hand and his revolver in his right. He identified himself as a police officer and asked the defendants about the property they were carrying. Robinson repled that they were helping his sister to move and that they would take the officer to his sister's residence to prove it. At that the officer took the shotgun from Robinson and proceeded to follow them down the alley. On direct examination the officer testified he did not know exactly...

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