Illinois Supreme Court PLAs
Criminal Court
Ineffective Assistance of Counsel
This case presents question as to whether trial court was ineffective for failing to file motion to suppress gun that was discovered by police where police had stopped vehicle in which defendant was passenger, and where gun was discovered by police when it fell to ground during chase of defendant, who had fled stopped vehicle. Trial counsel was not ineffective since any motion to suppress gun would have been without merit even if police lacked probable cause to stop vehicle since defendant was not seized within meaning of 4th Amendment at time police discovered gun during their chase of defendant.