Kevin Velasquez

Illinois v. Wardlow (2000)

In a 5-4 decision, the Court held that police may consider a suspect's unprovoked flight as one
factor contributing to reasonable suspicion justifying an investigatory stop. A four car caravan of police
officers was converging on an area known for heavy narcotics trafficking to investigate drug transactions.
One of the two uniformed officers in the last car observed the respondent Wardlow standing next to the
building holding an opaque bag. Respondent looked in the direction of the officers and fled. The officers
followed Wardlow in their car and cornered him. Immediately one of the officers then conducted a
protective pat-down search for weapons because "in his past experience it was common for there to be
weapons in the near vicinity of narcotics transactions." Squeezing the bag of the respondent, Officer
Nolan, "felt a heavy, hard object similar to the shape of a gun. The officer then opened the bag and
discovered a .38-caliber handgun with five live rounds of ammunition. Wardlow was then arrested. The
Illinois trial court denied motion to suppress finding the gun that was recovered during a lawful protective
pat-down search. Following a bench trial, Wardlow was convicted of unlawful use of a weapon by a felon.
The Illinois Appellate Court reversed, finding that the officers did not have reasonable suspicion sufficient
to conduct an investigative stop under the Terry v. Ohio (1968) case. While the Illinois Supreme Court
rejected the Appellate Courts conclusion that Wardlow was not in a high crime area. It agreed with the
reversal of Wardlows conviction, stating that sudden flight in such an area does not create a reasonable
suspicion justifying a Terry stop. The Illinois Supreme Court relied on the United States Supreme Court's
holding in Florida v. Royer (1983) case, that "although police have the right to approach individuals and
ask questions, the individual has no obligation to respond. The person may decline to answer and go on
his or her way. In Conclusion, unprovoked flight from uniformed police officers in a high crime area is
enough reason to justify a Terry stop by police and does not violate the Fourth Amendment.