Defendant was found guilty of unlawful possession of a firearm without a FOID card and was sentenced to three and a half years in prison. On appeal, defendant argued that the trial court erred in denying his motion to quash and suppress because police lacked probable cause to search his vehicle solely on a positive alert from a trained police dog and that the State failed to prove beyond a reasonable doubt that he knowingly possessed a firearm found under the driver’s seat of the car. The appellate court affirmed, finding that the officers had probable cause based on the totality of the circumstances, including a positive dog alert, and that the evidence was sufficient for a rational trier of fact to conclude that defendant knowingly possessed the firearm found in the vehicle. (KENNEDY and JORGENSEN, concurring)
Illinois Appellate Court
Criminal Court
Probable Cause