People v. Little, 2016 IL App (3d) 130683 (February 2016). Episode 142 (Duration 4:09)
This DWLR conviction stands because the police officer didn’t need to proof of every element of the crime he was investigating.
Defendant was stopped by a sheriff who was investigating a complaint of criminal trespass.
At the suppression hearing, no evidence was admitted that there were “no trespass” signs posted in the rural woods the complaint was based on.
Was the stop of the defendant unreasonable in light of the fact that the officer did not know if there were any “no trespassing” signs on the property?
An officer may make a lawful Terry stop without first determining whether all the elements of a particular offense have been met. See People v. Hackett, 2012 IL 111781, ¶ 28
In a Terry stop, a police officer is not required to rule out all possibility of innocent behavior before he initiates the stop.
Here, the deputy was not required to have evidence that the notice element of criminal trespass to real property was satisfied before he could make an investigatory stop of defendant’s vehicle to investigate a possible commission of that offense.
While evidence of notice may be required for a person to be found guilty of committing some forms of criminal trespass to real property under 720 ILCS 5/21-3(a)(2), (a-5), (b), it is not required for a police officer to have reasonable suspicion to investigate whether a criminal trespass to real property has been committed.