Judge John Wilson
Black was charged with attempted criminal possession of a weapon. At a hearing the court found police lacked probable cause for the arrest, suppressing evidence recovered. Prosecutors moved to reargue. Officers testified they heard gunfire and traveled in that direction. They observed Black and two others walking, and the two individuals stopped, but Black continued walking, then ran from the officers. Officers testified they saw Black running with his right arm tucked over his waistband, but stated they did not know what the object was at the time. Prosecutors asserted the officers had a founded suspicion of criminal activity after hearing the gunshots. The court noted there was no evidence adduced to link Black and the others to the gunshots the officers heard. It stated the gunfire, coupled with the individuals’ reactions, gave officers an objective credible reason to approach and enquire, but without a nexus between the gunshots, and Black, a surprised look on his face did not provide a sufficient connection to raise the level of intrusion. Thus, Black had the right to refuse to cooperate, and was allowed to walk, or run away. As officers could not justify their pursuit, and in the absence of probable cause for Black’s stop and seizure, the evidence collected must be suppressed.
