People v. Dorsey

Defendant was charged with aggravated unlawful use of a weapon, based on his lack of a FOID card or concealed carry license, and unlawful use of a weapon by a felon. The State filed an interlocutory appeal after the trial court granted defendant’s motion to suppress the evidence police found after detaining defendant while he placed items into the truck of his vehicle while it was parked on a public street. On appeal, the State argued that the detention was not an arrest that required probable cause, but rather a Terry stop conducted for the purpose of determining whether defendant had a license. The appellate court affirmed, finding that the testimony from the suppression hearing made it clear that officers had nothing beyond the defendant’s possession of a concealed firearm in public on which to base a reasonable suspicion for a Terry stop and that the constitutionally protected conduct of carrying a concealed firearm in public cannot, by itself, serve as a basis for reasonable suspicion to believe criminal activity is occurring. (McBRIDE and HOWSE, concurring)