People v. Edwards

Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon after police found a firearm in his vehicle. Defendant positioned his car in such a way to cause officers to have reasonable suspicion that he was or could be violating the traffic obstruction section of the Municipal Code. Defendant was seized within meaning of 4th amendment when police turned on the vehicle's rotating lights, blocked his vehicle from moving forward, and then approached his vehicle on either side with flashlights, and when officer asked that Defendant show his hands.A reasonable person in Defendant's position would not have believed he was free to terminate the encounter. A Terry stop occurred, at the latest, when officer ordered Defendant's hands in the air. This seizure was justified as reasonable by the traffic stop and by the suspicious arm movements that Defendant made when officers initially approached him. As officers further investigated, it became clear that Defendant was hiding a gun under his seat and trying to hide this fact from the officers.All of these facts provided officers with reason to further seize Defendant and search his car, where they found gun readily accessible under the driver's seat. Court properly denied motion to suppress. (PUCINSKI and COBBS, concurring.)