People v. Horton
2017 IL App (1st) 142019
| Ill. App. Ct. | 2017Background
- Officer observed a metallic object in Horton’s waistband suggesting a gun.
- Horton fled into a residence when approached and officers pursued with no warrant.
- A handgun was recovered from under a mattress in the bedroom Horton entered.
- Horton was charged with seven gun counts but proceeded on armed habitual criminal (Class X).
- Suppression motion argued lack of warrant and probable cause; fruit of illegal arrest.
- AUUW statute cited as basis for probable cause later found unconstitutional; court suppressed key grounds for arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppression was proper for warrantless arrest and search | Horton had no valid probable cause or privacy interest | Police lacked probable cause and warrants; actions violated Fourth Amendment | Motion to quash/suppress granted (suppression improper in trial court) |
| Whether ownership/registration evidence of the gun was admissible | Ownership data could exculpate or cast doubt on possession | Evidence should be admissible to show non-possession by Horton | Not reached; court did not address due to suppression ruling (evidence excluded) |
| Whether the evidence supports conviction after Aguilar/Burns invalidation | Totality of circumstances still established probable cause | Aguilar/Burns invalidated the statute; no valid basis for probable cause | Court did not uphold; suppression dictates reversal; conviction reversed |
| Whether trial counsel was ineffective for failing to present ownership/registration evidence | Failure to introduce possible defense evidence | No prejudice from absence of that testimony | denied; not needed due to suppression and overarching reversal |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (facially unconstitutional AUUW restraint; implications on probable cause/suppression)
- People v. Burns, 2015 IL 117387 (Ill. 2015) (clarified Aguilar; AUUW invalidated in all applications)
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (right to possess firearms; impact on statutory interpretations)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (incorporation of II amendments to states; gun-rights framework)
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (home-entry warrantless seizure limitations; privacy interests)