(Court opinion corrected 3/11/19.) Defendant was convicted of aggravated unlawful use of a weapon based on Defendant's lack of a FOID card.Police officer received information from police sergeant, who received information from an unidentified Park District security guard, whose source of information was unknown, that a man in a Park had a gun in his pocket. A few minutes later, officer and sergeant saw Defendant, who matched the description given, but there was nothing inappropriate about his conduct. Officers approached him and officer immediately touched the pocket of Defendant's jeans, and felt what he recognized as the trigger and trigger guard of a gun. Officers arrested Defendant. Tip was "effectively anonymous" and thus insufficiently reliable, and court erred in denying Defendant's motion to suppress. (PUCINSKI, concurring; MASON, dissenting.)
Illinois Appellate Court
Criminal Court
Search and Seizure