See People v. Holmes, 2015 IL App (1st) 141256 (November). Episode 108 (Duration 4:30).
People v. Aguilar invalidated some gun charges, in Illinois this means some seizures are also unconstitutional.
How does the Aguilar decision affect a probable cause determination justifying a police seizure?
This officer sees a gun on defendant’s waistband. He is stopped, arrested, and the gun seized. Then the police discover Defendant has no FOID.
Defendant argues the stop was unconstitutional because it was based on a crime that itself is unconstitutional and the police did not not know he had no valid FOID.
Unconstitutional Gun Law Leads to Illegal Search and Seizure
This stop and seizure were unconstitutional because a facially invalid statute that is unconstitutional is void ab initio.
The good-faith exception does not apply here because to apply it would run counter to our single subject clause and void ab initio jurisprudence—specifically, that once a statute is declared facially unconstitutional, it is as if it had never been enacted. Court was unwilling to create a grace period for unconstitutional stops. The court recognized a conflict between their decision, the case law and 725 ILCS 4/114-12(b)(2)(i).
Yes, this means the same exact conduct could establish probable cause if a case is brought in the federal system but not if it was brought in our state courts. Those cases are notable, but this court felt that had to follow the Illinois Supreme court which says something different.
Additionally, the recent case of People v. LeFlore, 2015 IL 116799 invalidated judicial precedent and did not invalidate a statute. This is a crucial distinction.
Conceal and carry law also should not affect the outcome of this case.