People v. Richardson
2017 IL App (1st) 130203-B
| Ill. App. Ct. | 2017Background
- In 2010 the defendant (then Pierre Robinson) pled guilty to a Class 4 aggravated unlawful use of a weapon (AUUW) offense and received probation.
- In August 2011 officers stopped a green Ford Taurus that matched a recent stolen-vehicle report; defendant was a front-seat passenger.
- Officer Akinbusuyi testified the driver could not produce ID; after asking occupants to show hands, he observed the defendant make furtive movements and reach toward his waistband.
- The officer handcuffed the defendant, performed a pat-down, and recovered a handgun from the defendant’s waistband; the car also contained the victim’s property.
- Defendant was charged with unlawful use of a weapon by a felon (UUWF) based on his 2010 AUUW conviction; after a bench trial he was convicted and sentenced to four years’ imprisonment.
- On appeal defendant argued (1) his 2010 AUUW conviction could not serve as a predicate felony because People v. Aguilar declared that AUUW provision unconstitutional, (2) the UUWF indictment therefore failed, and (3) the pat-down was unconstitutional. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior AUUW conviction could serve as predicate felony for UUWF | State: prior felony standing (not vacated) valid to establish felon status | Richardson: Aguilar voided AUUW, so prior conviction was invalid and indictment failed | The court followed People v. McFadden: a prior AUUW conviction may be used as predicate for UUWF unless that prior conviction has been vacated; here it had not been vacated, so predicate stands |
| Whether UUWF indictment "failed to state a cause of action" for reliance on unconstitutional statute | State: indictment valid because prior conviction was in effect until vacated | Richardson: indictment defective because predicate was void ab initio under Aguilar | Rejected: indictment valid when predicate conviction remains unreversed/vacated |
| Whether pat-down search complied with Terry reasonable suspicion standard | State: totality (stolen-vehicle match, nighttime, furtive movements) justified Terry stop and frisk | Richardson: officer lacked reasonable belief defendant was armed/dangerous; movements insufficient | Upheld: officer reasonably suspected defendant might be armed (furtive reach after command, vehicle matched stolen report) so pat-down valid under Terry |
| Whether handcuffing/search constituted arrest (thus requiring probable cause) | State: handcuffs permissible during a Terry stop given circumstances | Richardson: handcuffing converted stop into arrest without probable cause | Rejected: handcuffing does not automatically convert a stop into arrest; here handcuffing reasonable given safety concerns and did not render the encounter an arrest needing probable cause |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (held Class 4 AUUW provision unconstitutional under the Second Amendment)
- People v. McFadden, 2016 IL 117424 (Ill. 2016) (prior AUUW conviction may serve as predicate for UUWF unless vacated)
- People v. Colyar, 2013 IL 111835 (Ill. 2013) (standards for reviewing Terry stops; deference to trial court factual findings)
- People v. Luedemann, 222 Ill. 2d 530 (Ill. 2006) (framework dividing police-citizen encounters into arrests, Terry stops, and consensual encounters)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (established investigatory stop and limited protective frisk when officer reasonably suspects subject is armed)