People v. Colyar
941 N.E.2d 479
Ill. App. Ct.2010Background
- Officers observed a green Honda at a motel parking lot; defendant from driver’s seat, engine running, with two passengers.
- Plain-view flashlight revealed a plastic bag on the center console containing a bullet; the bullet appeared to be a rifle round.
- Officers ordered all occupants out and handcuffed them in front of the vehicle; a pat-down of the defendant yielded an additional live round.
- Plastic bag with five rounds of .454 ammunition was recovered from the console; a .454 Redwing revolver was later found under the front passenger floor mat.
- The circuit court initially held the approach non-seizure, ruled the bullets in plain view were permissible under Terry, but suppressed the gun; it later reversed to suppress bullets as well.
- On appeal, the State argues plain-view bullets gave probable cause for a gun search and that the stop escalated from Terry to arrest; the court evaluates whether there was probable cause and whether Terry or Long/Gant exceptions apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ initial approach and stop violated the Fourth Amendment | State contends approach was lawful under Luedemann | Colyar argues no seizure occurred without probable cause | Approach not challenged; seizure issue unresolved here |
| Whether plain-view bullet gave probable cause to search for a gun in the car | State: bullet signals presence of gun justifies search | Bullets are not per se contraband; no FOID inquiry made | No probable cause from plain-view bullet without FOID inquiry; search unlawful |
| Whether the stop/search complied with Terry/Long principles for officer safety | State: protective searches justified by danger; FOID inquiry unnecessary | Arrest/search required probable cause; FOID check needed | Terry stop existed but did not justify full search for gun; arrest/search invalid |
| Whether bullets seized incident to Terry stop were admissible under plain-view or other doctrines | State: Blom supports plain-view seizure | Bullets not contraband without FOID check; no inevitable discovery | Bullets not admissible under plain-view without contraband status; bullets suppressed |
Key Cases Cited
- People v. Stack, 244 Ill.App.3d 393 (Ill. App.3d 1993) (presence of a bullet can justify a gun search but not prove probable cause)
- People v. Levens, 306 Ill.App.3d 230 (Ill. App.3d 1999) (FOID inquiry may be required after firearm discovery)
- Arizona v. Long, 463 U.S. 1039 (U.S. 1983) (protective searches where suspect may gain immediate access to weapons)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits on vehicle searches after occupants are secured; need probable cause or Long-like justification)
- Blom v. United States, 242 F.3d 799 (8th Cir. 2001) (plain-view must show contraband or link to crime; felon status not assumed)