Defendant was convicted, after jury trial, of being an armed habitual criminal. Officers had a reasonable suspicion that Defendant was illegally possessing a firearm. Defendant had stowed his gun in his car, in close proximity to the passengers, and then walked into the store. Officers took 2 separate actions: securing the gun and then detaining Defendant. Officers were not required to leave the gun unsecured while they pursued Defendant, due to reasonable concerns for the safety of themselves and of others. Officers' search for the gun was within the scope of a permissible Terry search. The gun was immediately visible to officers, once they opened the rear doors to remove the back seat passengers. Officers could then confiscate the gun, as a protective measure, and they were justified in permanently seizing it once they determined that Defendant did not legally possess the gun. Officers had sufficient reasonable suspicion to perform a Terry detention of Defendant, which allowed them to obtain his identification, which they then used to check his criminal history. No ineffective assistance in counsel's failure to file motion to suppress gun or evidence of Defendant's criminal history, as such motions would have been denied. No prejudice in counsel not filing motion to suppress his inculpatory statement made to officer inside the store, as exclusion of that evidence would not have made an acquittal reasonably likely. No abuse of discretion in court limiting Defendant's cross-examination of officer as to their failure to follow Police Department's body-worn camera directives, and in denying proposed non-IPI instructions on the topic, as the instructions did not accurately state the law. (GORDON and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Jury Instructions