People v. McKelvy

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2019 IL App (2d) 180630
Decision Date: 
Tuesday, September 3, 2019
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK

Defendants were each charged with unlawful possession of a weapon by a felon and aggravated unlawful use of a weapon, based on evidence recovered when a vehicle in which they were passengers was stopped for speeding.Ample justification existed for officers to order the occupants out of the vehicle solely as a safety measure; stop was at 1:45 a.m., a shooting had occurred, and a vehicle with an armed subject had been seen nearby. Even if there was an impermissible detour from mission of stop, it did not unreasonably prolong the stop. (BIRKETT and SPENCE, concurring.)