Defendant was convicted of defacing the identification marks of a firearm. Court properly denied Defendant's motion to quash and suppress. Officer, while patrolling area of recent gang conflict retaliatory shootings, made eye contact with Defendant and one other person walking on sidewalk, who then immediately broke apart. Defendant was then adjusting and grabbing at something in his waistband. Defendant continued to grab at his waistband; officer placed his hand over Defendant's hand to effectuate a pat-down, and found a loaded handgun with the serial numbers scratched off. Officer's actions were justified; Defendant's conduct supported reasonable inference that he was trying to shield an item from view. A Terry stop was warranted under totality of the circumstances, and limited search for weapons on Defendant's person was warranted.(PIERCE and WALKER, concurring.)
Illinois Appellate Court
Criminal Court
Weapons