GK&W - Attorneys at Law


     The law firm of Gardiner Koch Hines & Weisberg (now Gardiner Koch & Weisberg) argued the case of Illinois v. Wardlow before the United States Supreme Court on November 2, 1999.  At issue was whether a person's flight from police can constitute the sole basis for the police to perform an investigative stop, more commonly known as a "stop and frisk."  GKH&H represented William Wardlow, who ran after seeing the approach of four police cars and eight police officers.  The State argued that based solely on Mr. Wardlow's flight, the police justifiably stopped him.  Jo, Koch argued the case, stating that "flight in and of itself is not sufficient to stop an individual on the street, that there has to be come corroborating circumstances that are articulated that criminal activity is afoot." GKH&W collaboratively wrote the brief, with contributions from Jim Koch, Lynn Weisberg, Tom Gardiner and Clare Quish, a third-year student at Loyola Law School.  This is the second time Jim Koch has argued before the United States Supreme Court.

     The Wardlow case, which has been called "one of the most important criminal cases of the 1999-2000 term," received widespread publicity, with articles appearing in The New York Times, Chicago Tribune, Chicago Sun-Times, USA Today, The Washington Post and the Associated Press. Jim Koch appeared on CNBC, NBA Nightly News, America's Voice Television, and other local radio shows.  Lynn Weisberg appeared on CNN, and local Chicago newscast featured Tom Gardiner.  The News Hour with Jim Lehrer and NAtional Public Radio devoted extended segments to the argument, and radio stations across the nation sponsored call-in shows, debating the issue of police power and citizens' right to avoid police.