People v. Lake

Defendant, age 17 at time of offense, was convicted, after bench trial, with aggravated use of a weapon and defacing identification marks of a firearm. Defendant was not seized when officer approached him from behind, and tapped him on shoulder, while Defendant was walking back and forth and seemed to be acting as "lookout" in area near public housing project. Tapping was minimally intrusive way and socially accepted method to get his attention, and tap did not demonstrate authority sufficient to constitute an unreasonable seizure under fourth amendment. Defendant was not seized when officer blocked his path down the street and began asking him questions. Up to the point when Defendant willingly answered officer's questions, encounter was consensual. Possession of handguns by minors is conduct that falls outside scope of second amendment's protection. (HOLDER WHITE and APPLETON, concurring.)