People v. Holmes

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2015 IL App (1st) 141256
Decision Date: 
Wednesday, November 25, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
PALMER

Defendant was arrested when police officer observed a revolver in his waistband.  Police then discovered that Defendant did not have a FOID card, and charged Defendant with 2 counts of aggravated unlawful use of a weapon (AUUW) for carrying a firearm without a valid FOID card. Court properly suppressed the evidence, as the facially invalid AUUW statute is void ab initio, so that the good-faith exception to the exclusionary rule is inapplicable. The void ab initio doctrine applied both to legislative acts that were found unconstitutional for violating substantive constitutional guarantees as well as those adopted in violation of single subject clause. (REYES and LAMPKIN, concurring.)