People v. Thomas

Defendant was convicted, after bench trial, of unlawful use or possession of a weapon by a felon (AUUW). Court erred in denying Defendant's motion to quash arrest and suppress evidence because police lacked reasonable suspicion to justify a stop pursuant to U.S. Supreme Court's 1968 decision in Terry v. Ohio. The now-invalidated portion of the AUUW statute existed at time of Defendant's Terry stop. The stop, initiated on basis of reasonable suspicion of criminal activity pursuant to the now-invalidated portion of AUUW statute, is unlawful and evidence seized as a result of the stop is subject to exclusionary rule.(GORDON and REYES, concurring.)