When You Are Stopped on Foot

A peace officer who has identified himself or herself as one may stop a person in a public place for a reasonable period when the officer reasonably infers from the circumstances that the person is committing, is about to commit, or has committed an offense.

• The officer may demand the person's name and address and an explanation of their actions.
• The detention and questioning take place in the vicinity of where the person was stopped.
• A stop that involved a frisk or search ends with a stop receipt, unless that is impractical, impossible or an emergency.
• The receipt gives the reason for the stop and the officer's name and badge number.

• §725 ILCS 5/107-14StatuteTemporary questioning without arrestOpens ilga.gov ↗

The Supreme Court of the United States has held that an officer who can point to specific facts suggesting criminal activity may stop a person briefly to investigate, and may pat down their outer clothing for weapons where the officer reasonably believes the person is armed and dangerous. It has also held that a state law requiring a person lawfully detained on reasonable suspicion to state their name does not violate the Fourth Amendment. Whether any such duty exists is a question of the state's own statute, which is what this page sets out. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

• Terry v. OhioCourt decisionInvestigative stops require reasonable suspicion392 U.S. 1 (1968)Opens supreme.justia.com ↗
• Hiibel v. Sixth Judicial DistrictCourt decisionA stop and identify law may be enforced only once reasonable suspicion exists542 U.S. 177 (2004)Opens supreme.justia.com ↗