(Court opinion corrected 7/26/18.) Minor respondent was adjudicated delinquent for committing offense of aggravated unlawful use of a weapon (AUUW) by carrying a firearm on his person while under age 21. Officer claimed that he stopped car in which Respondent was a passenger due to a minor traffic violation. Officers mistaken belief that driver committed a traffic violation was unreasonable where driver never left the street to avoid a sped bump. Seizure of Respondent as an occupant in the car, which occurred when police activated lights and siren, was also unreasonable. Seizure led officers to observe Respondent with the firearm and to recover it. Thus, Respondent was entitled to suppression of such evidence.(FITZGERALD SMITH and HOWSE, concurring.)
Illinois Appellate Court
Civil Court
Juveniles