People v. Keys

              NO. 4-06-0378 Filed 7/31/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
RIO P. KEYS,
Defendant-Appellant.
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Appeal from
Circuit Court of
Livingston County
No. 05CF219
Honorable
Harold J. Frobish,
Judge Presiding.
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JUSTICE McCULLOUGH delivered the opinion of the court:
In March 2006, the trial court convicted defendant, Rio
P. Keys, of unlawful possession of a controlled substance
(heroin) (720 ILCS 570/402(c) (West 2004)) and obstructing a
peace officer (720 ILCS 5/31-1(a) (West 2004)). In April 2006,
the court sentenced defendant to a six-year prison term on the
unlawful possession count. Defendant appeals, arguing the court
erred in denying his motion to suppress the evidence recovered as
the result of his unconstitutional temporary seizure and pat-down
search. The State argues that (1) the temporary seizure and pat-down
search were constitutionally valid; and, even if the
defendant's initial seizure was unconstitutional, (2) defendant's
actions of running from the police and abandoning the illegal
drugs made them admissible. We affirm.
As the parties are aware of the facts in this case, we
discuss those facts only to the extent necessary to resolve the