Illinois Appellate Court
Criminal Court
Motion to Suppress
Defendant was arrested and charged with various weapons-related offenses after a gun was found in his possession as he attempted to enter a theme park in Illinois. Defendant moved to suppress evidence regarding the warrantless search of his belongings, the trial court granted the motion, and the State appealed. The appellate court reversed and remanded, finding defendant did not meet his burden to prove that the search was unlawful and that defendant did not have a reasonable expectation of privacy in the bag once he consensually submitted it for screening; thus, the trial court erred when it granted the defendant’s motion to suppress the evidence recovered from the bag. (HUTCHINSON, concurring and KENNEDY, dissenting)