People v. Colyar

This case presents question as to whether, in prosecution on various unlawful use of firearm charges, trial court properly granted defendant’s motion to suppress gun and bullets seized from his vehicle where said items were seized after police officer had spotted one bullet in said vehicle? Appellate majority, in affirming suppression order, found that while officer had engaged in lawful Terry stop, his subsequent seizure of guns and bullets was not supported by probable cause that crime had occurred since bullet was not contraband per se, and officer had failed to confirm any suspicion that possession of bullet was crime by asking defendant whether he was convicted felon or whether he had possessed valid FOID card. (Dissent filed.)