Defendant was convicted, after bench trial, of unlawful use or possession of weapons by a felon and armed habitual criminal (AHC). Court properly denied Defendant's motion to suppress evidence of gun. Search of the locked glove compartment for open containers of alcohol was justified under the automobile exception to warrant requirement, as officers had probable cause to search there for open containers of alcohol. Officer testified that he observed front seat passenger had one open beer in his hand and another between his feet. State failed to prove defendant guilty beyond a reasonable doubt of the offense of AHC because it failed to prove Defendant's Iowa conviction for 2nd degree burglary met the definition of "forcible felony" under Illinois law. (O'BRIEN, concurring; HOLDRIDGE, dissenting.)
Illinois Appellate Court
Criminal Court
Search and Seizure