People v. Henderson

Illinois Supreme Court
Criminal Court
Case Number: 
2013 IL 114040
Decision Date: 
May 23, 2013
1st Dist.
Cook Co.
Appellate court affirmed.
Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon. Officers relied on vague tip from citizen which was insufficient to justify traffic stop in which Defendant was a passenger. Defendant, a backseat passenger, took off running, despite officers' instructions to stop, and he dropped a loaded gun. Defendant's flight interrupted the causal connection between the officers' misconduct, which was not flagrant, and the discovery of the gun. Thus, the gun was not the fruit of the poisonous tree. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)