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Officer Safety Remains A Relevant And Pressing Concern In These Cases (But Pay Attention To The Dissent)
People v. Hood, 2019 IL App (1st) 162194 (December). Episode 725 (Duration 14:37)
In Illinois we have Conceal & Carry legislation that makes it lawful to carry a gun in public under certain conditions. Naturally, defense attorney began to argue in court that an arrest is unconstitutional when an officer handcuffs and arrests a subject with a gun.
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In The Probable Cause Calculation Can Defendant’s Silence Be Considered A Factor Against Him?
People v. Spain, 2019 IL App (1st) 163184 (December). Episode 726 (Duration 15:45)
The rationale is that the officer could not have possibly known if the individual was properly licenses before making the arrest. Therefore the arrest was improper.
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Defendant Wins This One, But Why? Pay Special Attention To Consensual Encounters
People v. Flunder, 2019 IL App (1st) 171635 (December). Episode 727 (Duration 13:23)
So this issue has been kicking around the Illinois court system. These 3 cases I think do the best at explaining the current rules on arresting a person who has a gun in public.
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.