People v. Hatcher, 2024 IL App (1st) 220455 (March). Episode 1036 (Duration 5:13)
Defendant was not arrested based on his possession of a firearm; he was arrested based on his suspected involvement in bank fraud.
[Read more…]Driving While Black Was NOT The Reason We Lost This Gun Case
People v. Carpenter, 2024 IL App (1st) 220970 (March). Episode 1035 (Duration 13:18)
DWB involves police using “stereotypical thinking and hunches” and “dubious investigative techniques” in traffic stops.
[Read more…]Armed Habitual Criminal Predicate Conviction Still Counts If Defendant Was 17 YOA When He Committed It
People v. Gray, 2024 IL 127815 (March). Episode 1031 (Duration 10:28)
We conclude that defense counsel’s stipulation provided sufficient evidence to convict defendant of the offense of being an armed habitual criminal.
[Read more…]POD View Of Man With A Gun Magazine Is Not Probable Cause
People v. Page, 2024 IL App (1st) 220830 (February). Episode 1028 (Duration 5:56)
Officer sees a man with a gun magazine, but has no reason to conclude the man’s possession of a firearm was illegal.
[Read more…]FOID Violations Under 430 ILCS 65/2 Include A Mental State Requiring State To Prove Knowledge Of Revocation Status
People v. Shelly, 2024 IL App (3d) 220432 (January). Episode 1026 (Duration 4:09)
The supreme court’s reasoning in Ramirez applies with equal force to the facts presented here. Section 24-5(b) is a possessory offense consisting of two elements: possession and defacement.
[Read more…]Gun Locked In Glove Box Attributable To Driver Convicted Of AUUW
People v. Mallett, 2023 IL App (1st) 220920 (September). Episode 1011 (Duration 6:42)
(1) It was immediately apparent to the officer that he had probable cause to believe, that the white pills in the blue-tinted, knotted baggie were illegal narcotics. (2) The evidence clearly shows the car was her car, she had control of the car,
[Read more…]Illinois AUUW No FOID And NO CCL Reman Constitutional Even After That New York SCOTUS Case – Bruen
People v. Gunn, 2023 IL App (1st) 221032 (September). Episode 1010 (Duration 10:30)
The Bruen case acknowledged that shall-issue regimes, which are aimed at ensuring that only law-abiding citizens are allowed to possess and carry firearms, do not prevent citizens from exercising their second amendment rights.
[Read more…]Habitual Criminal Offender Predicate Conviction Can Be Based On Adult Felony Conviction That Would Now Be A Juvenile Offense
People v. Wallace, 2023 IL App (1st) 200917 (September). Episode 1009 (Duration 3:00)
Defendant committed the predicate offense of armed robbery in 2008 at age 17, and the guilty finding for that offense resulted in a conviction in adult criminal court (not juvenile court).
[Read more…]Nervous Gulp With A Bulge In Your Crotch Probably Means A Pat Down
People v. Wallace, 2023 IL App (1st) 200917 (September). Episode 1008 (Duration 6:29)
Officer reached into the car to perform the protective pat down over the bulged area as defendant was seated, and Officer Zeman specifically testified that he feared defendant had a weapon.
[Read more…]Defacement Of A Firearm Requires Proof Of Knowledge Of The Defacement
People v. Ramirez, 2023 IL 128123 (May). Episode 993 (Duration 4:02)
Section 24-5(b)’s implied mens rea of knowledge must apply to both elements of the offense, possession and defacement.
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