People v. Thomas

After Defendant’s Terry stop, portion of the Illinois aggravated unlawful use of a weapon (AUUW) statute, which banned the possession of a handgun in public and formed the basis of the officers’ reasonable suspicion of criminal activity to justify Terry stop, was held facially unconstitutional by Supreme Court decision in Aguilar and void ab initio. After receiving tip, officers did not have enough information for a reasonable suspicion of criminal activity that would justify a Terry stop today  (post-Aguilar). Thus, stop was unreasonable search and seizure. Gun seized as a result of the stop is subject to the exclusionary rule, and thus evidence of it should have been suppressed. (GORDON and REYES, concurring.)