People v. Irby

Defendant was convicted, after stipulated bench trial, of aggravated unlawful use of a weapon, and sentenced to 6 years and 3 years MSR.Court properly denied Defendant's motion to suppress, as officer did not effectuate a seizure of Defendant until after he had reasonable, articulable suspicion of criminal activity. State had burden of proving that gun was uncased, as element of offense, but failed to do so. Court cannot infer that gun was uncased based on Defendant's decision not to present evidence that gun was cased.(LYTTON and O'BRIEN, concurring.)