People v. Horton

(Court opinion corrected 6/13/17.) Officer saw "a metallic object" in defendant's waistband and pursued Defendant, believing that he might have a handgun. Officers found a handgun hidden under a mattress in a bedroom where they found Defendant, and he was charged with possession. Court erred in denying Defendant's motion to quash arrest and suppress evidence. Probable cause to pursue Defendant was based on officer's belief that Defendant possessed a gun in violation of the unlawful use of a weapon statute later found unconstitutional on its face and void ab initio. The void ab initio doctrine precludes applying good faith doctrine. Officer had no basis for a "Terry" stop because his differing stories about what he saw did not constitute specific and articulable facts. Absent any other information tending toward individualized suspicion that Defendant was involved in the crime, deliberate evasive conduct alone does not support a reasonable suspicion. (NEVILLE, concurring; PIERCE, dissenting.)