People v. Smith

In People v. Smith, 331 Ill. App. 3d 1049, 780 N.E.2d 707, 269 Ill. Dec. 235 (2002), the Court discussed the point at which a consensual encounter turns into an unlawful seizure. Although the defendant in Smith began to back away from the officers before he was told to stop and take his hands out of his pockets, the Court said that in other circumstances "we would find that a seizure occurred no later than when the defendant was told to stop and to remove his hands from his pockets." Smith, 331 Ill. App. 3d at 1053.