People v. Holmes

Defendant was arrested when a Chicago police officer observed a revolver in Defendant's waistband. After arrest, police discovered that Defendant did not have a valid FOID card, and he was charged with 4 counts of aggravated unlawful use of a weapon (AUUW). Because probable cause is a component of both federal and state search and seizure provisions, Court follows federal law pursuant to limited lockstep doctrine. Probable cause existed at the time of Defendant's arrest and was not retroactively invalidated by the Illinois Supreme Court's 2013 People v. Aguilar decision which held the AUUW statute unconstitutional on second amendment grounds. Thus, exclusionary rule does not apply. (KARMEIER, FREEMAN, THOMAS, BURKE3, and THEIS, concurring; KILBRIDE, dissenting.)