(Court opinion corrected 5/26/17.) Defendant was convicted,after bench trial, of unlawful use of a weapon by a felon (UUWF). Defendant's prior aggravated unlawful use of a weapon (AUUW) felony conviction, even if subject to vacatur under the Illinois Supreme Court's Aguilar decision, may still serve as a predicate felony for UUWF, until that prior felony has been vacated. Pat-down search of Defendant was justified and not unconstitutional, under the Terry standard, where police officers encountered 2 persons at night in a vehicle that matched description of a recently stolen car, and the Defendant's movements in the car supported a reasonable suspicion that he was armed or had access to a weapon in the vehicle. Handcuffing of Defendant was reasonable under these circumstances. (HARRIS and DELORT, concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure