People v. Smith

Defendant was convicted, after jury trial, of aggravated unlawful use of a weapon (AUUW) and unlawful use of a weapon by a felon (UUWF), and sentenced to concurrent terms of nine years. Officer stopped Defendant for running stop sign, and while approaching his vehicle officer observed Defendant making a "furtive movement" toward rear of passenger seat. Officer then searched car and found handgun and live ammunition. Officer offered no specific facts to support his belief that he asked Defendant and passenger to step out of the vehicle because he feared for his safety. Based on Defendant's movement in the car, there was no reasonable basis for officer to engage in search of vehicle, and thus court erred in denying Defendant's motion to quash arrest and suppress evidence. (PALMER and REYES, concurring.)