Police arrested Defendant for possessing a firearm, although they did not know if he possessed it legally. Police then learned of his criminal record and charged him with multiple counts of possessing a firearm by a felon and possession of a defaced firearm. Court denied Defendant's motion to quash and suppress, and he was convicted. Counsel was ineffective in failing to argue his possession alone did not give police probable cause to arrest. Had the arrest been quashed, gun and criminal record would have been suppressed and State could not have proven him guilty. Defendant was prejudiced by his attorney's failure to argue that police did not have probable cause to arrest when they did not know whether he possessed the gun legally. (WALKER, concurring; PIERCE, dissenting.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel