Defendant was convicted, after jury trial, of unlawful possession of a weapon by a street gang member and aggravated unlawful use of a weapon. Court did not err in denying Defendant's motion to quash arrest and suppress evidence or when it limited scope of testimony about the investigation into the officers' conduct in making the arrest. Evidence was insufficient to prove Defendant's membership in a street gang. Officer had reasonable suspicion of criminal activity to support a Terry stop, and when Defendant failed to comply, officer's actions in tackling Defendant and restraining him did not violate 4th amendment. State was required to, but did not, introduce specific evidence about the course or pattern of criminal activity to prove that Defendant was a member of a street gang. The proper result is a reversal of Defendant's conviction for unlawful possession of a firearm by a street gang member. Defendant was permitted to elicit testimony to support his contention that officers used excessive force, and Defendant was prohibited from exploring at trial that an IPRA (Independent Police Review Authority) investigation had taken place. (PIERCE, concurring; HYMAN, dissenting.)
Illinois Appellate Court
Criminal Court
Motion to Suppress