Illinois Supreme Court
Criminal Court
Motions to Suppress
Search and Seizure
Defendant had no legitimate expectation of privacy in vehicle in which he was a passenger, and which was owned by and being driven by another person; thus, court properly denied motion to suppress gun found under front passenger seat of vehicle. Officer searched vehicle after its owner refused consent, and Defendant was handcuffed and placed in squad car to facilitate search only after search was underway. Thus, alleged arrest did not lead to search and thus could not have tainted it with illegality. Defendant's statements, made at police station and after Miranda warnings given, were sufficiently attenuated from alleged arrest to purge any taint of illegality. Under one-act, one-crime rule, aggravated unlawful use of weapon is a more serious offense than unlawful possession of weapon by felon, thus latter conviction must be vacated.