2024 IL App (1st) 220455
Ill. App. Ct.2024Background
- Ashontis Hatcher was charged with four counts of aggravated unlawful use of a weapon (AUUW) following a 2019 traffic stop and search that uncovered a loaded handgun and multiple bank cards in a backpack linked to him.
- Police initially followed the vehicle on suspicion of bank fraud after observing suspicious ATM activity by another passenger; Hatcher was a rear seat passenger and found not to have a FOID or CCL.
- At trial, Hatcher moved to suppress the firearm and related evidence, arguing the search and his arrest were unlawful under the Fourth Amendment.
- Hatcher also contested the validity of his jury waiver, the constitutionality of the AUUW statutes under which he was convicted, and argued for vacatur of all but one conviction under the one-act, one-crime rule.
- The trial court denied the suppression motion, accepted the jury waiver, found the statutes constitutional, and convicted Hatcher on all four counts, sentencing him to one year in prison.
- Hatcher appealed on all grounds; he had completed his sentence by the time of appeal but could still challenge his convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of Evidence | Police had reasonable suspicion and probable cause due to suspected bank fraud and evidence in vehicle; search lawful. | Hatcher not observed committing crime; no probable cause for search/arrest; evidence from bag should be suppressed. | Denied suppression; police had probable cause due to bank fraud suspicion and lawful search. |
| Validity of Jury Waiver | Waiver valid: signed form, defendant confirmed understanding and choice in court, no confusion. | Waiver invalid: court failed to explain difference between jury/bench trial or ensure understanding; first trial. | Waiver valid; defendant knowingly and understandingly waived jury trial. |
| Constitutionality of AUUW Statutes | Statutes consistent with history and limited to non-law-abiding conduct; Bruen applies only to law-abiding citizens. | Statutes facially unconstitutional under Second Amendment and Bruen. | Statutes not facially unconstitutional under Bruen; apply only to non-law-abiding conduct. |
| One-act, One-crime Rule | Multiple convictions for same act should be vacated (State agreed). | Convictions stem from single act (possession of one firearm); only one should stand. | Affirmed violation; remanded to determine which single conviction stands. |
Key Cases Cited
- People v. Brooks, 2017 IL 121413 (standards for motions to suppress evidence)
- People v. Bracey, 213 Ill. 2d 265 (requirements for a valid jury trial waiver in Illinois)
- New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (two-step text-and-history test for Second Amendment challenges)
- People v. Grant, 2013 IL 112734 (definition and application of probable cause in arrests)
- People v. Mosley, 2015 IL 115872 (upholding under-21 public carrying ban as consistent with Second Amendment)
- People v. Jordan G., 2015 IL 116834 (public carry ban for those under 21 does not violate Second Amendment)
- People v. Rodriguez, 169 Ill. 2d 183 (one-act, one-crime rule in Illinois)