People v. Eubanks

Defendant appealed from his conviction for unlawful use of a weapon by a felon on the grounds that the statute under which he was charged was unconstitutional, that the search that led to the discovery of the firearm was unconstitutional, and that insufficient evidence was presented to establish defendant’s knowledge of the weapon found in a hidden compartment in the interior paneling of his vehicle. The appellate court reversed defendant’s conviction outright, finding the circuit court erred in denying defendant’s motion to suppress because the search was neither justifiable by probable course or a search incident to arrest. The court did not consider the merits of defendant’s remaining arguments. (LAMPKIN and REYES, concurring)