People v. Colyar

Illinois Supreme Court
Criminal Court
Search & Seizure
Case Number: 
2013 IL 111835
Decision Date: 
Thursday, April 18, 2013
1st Dist.
Cook Co.
Appellate court reversed; circuit court reversed.
Defendant's fourth amendment rights were not violated by police officers' conduct. Officers made lawful Terry stop, and observed a bullet in plain view in car's center console. Officers' conduct in handcuffing and searching Defendant and passengers was justified by their reasonable suspicion that a gun was present that threatened their safety. The resulting protective searches were limited to locating gun and neutralizing the threat, and thus the recovered bullets and handgun were admissible evidence. Officers were not required to first ask Defendant whether he had a valid FOID card before ordering Defendant and his passengers out of the car and searching them.(GARMAN, KARMEIER, and THEIS, concurring; THOMAS, specially concurring; BURKE and FREEMAN, dissenting.)