ARREST - STOPPING AND QUESTIONING AS AN ARREST - REASONABLE SUSPICION FROM FACTS DISCLOSED BY QUESTIONING AS JUSTIFICATION

Authors

Robert Meisenholder, University of Michigan Law SchoolFollow

Abstract

After arrest of the defendant on mere suspicion without probable cause, the arresting officers on searching the car in which he was driving found two guns. The defendant complained on appeal, after conviction for carrying concealed weapons in an automobile, of the denial of his motion before trial to suppress the evidence. Held, it was error to refuse to suppress the guns as evidence because, the arrest being unlawful, the subsequent search and seizure was unlawful. Had the officers stopped and questioned the defendant, and had such questioning disclosed facts to establish a reasonable suspicion that the defendant was engaged in, or had been guilty of a criminal offense, an arrest made as a result of such suspicion would have been legal. People v. Henneman, 367 Ill. 151, ION. E. (2d) 649 (1937).

Recommended Citation

Robert Meisenholder, ARREST - STOPPING AND QUESTIONING AS AN ARREST - REASONABLE SUSPICION FROM FACTS DISCLOSED BY QUESTIONING AS JUSTIFICATION, 37 Mich. L. Rev. 311 (1938).
Available at: https://repository.law.umich.edu/mlr/vol37/iss2/10