Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the criminal cases People v. Almond, People v. Mosley, People v. Boyce and In re the Interest of Jordan G.
By Jay Wiegman, Office of the State Appellate Defender
Many people mocked Barney Fife for carrying a single bullet in his shirt pocket, but today's decision in People v. Almond, 2015 IL 113817, shows that to have been a wise policy.
Based on an anonymous tip that drugs were being dealt out of a store, police officers approached Almond (who had prior felony convictions), asked him what he was doing there and whether he was in possession of any narcotics or weapons. The officer testified that the defendant said “I just got to let you know I got a gun on me.” The defendant was frisked, and the gun was recovered. The defendant filed a motion to quash arrest and suppress evidence. At a hearing on the motion, Almond denied that he was even asked whether he had contraband and denied he ever told officers that he possessed a firearm, claiming that he would not tell a police officer that information because he knew “it’s wrong to have a gun.” The motion was denied. Following a bench trial, the defendant was convicted on all counts.