2021 IL App (1st) 191095
Ill. App. Ct.2021Background:
- June 18, 2018: plainclothes Chicago officers in an unmarked car observed a group playing dice on a public sidewalk in a high-crime area; Robert White was among the group.
- Forbes testified White carried a shoulder bag, shifted it to the front and walked up stairs when he saw officers; officers ordered White to stop, he continued, and Forbes detained him on the stairs.
- Forbes performed a protective pat-down, felt substantial weight in the bag, believed it to be a handgun, opened the bag, and recovered a loaded firearm; the State introduced White’s prior felony conviction.
- White testified the bag had been on the porch (not on his person), he did not play dice, did not know the bag’s contents, and did not disobey officers.
- Trial court found Forbes credible, denied White’s motion to quash arrest and suppress, convicted White of unlawful use of a weapon by a felon, and sentenced him to seven years’ imprisonment.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop/search required Terry suspicion or was a search incident to arrest supported by probable cause | Forbes observed illegal gambling and objectively had probable cause to arrest, so the search was incident to arrest | The encounter was an investigatory Terry stop and Forbes lacked reasonable, articulable suspicion to search the bag | Court held objective facts (observed gambling and conduct) gave probable cause to arrest; search incident to arrest was lawful |
| Whether evidence was sufficient to prove White knowingly possessed the firearm | White had the bag on his shoulder, shifted/secreted it and acted panicked—supports inference he knew the bag contained a gun | White claimed the bag was on the porch, he did not carry it and did not know its contents | Court held a rational factfinder could infer actual possession and knowledge from Forbes’s testimony and surrounding circumstances |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes stop-and-frisk standard)
- Whren v. United States, 517 U.S. 806 (1996) (subjective intent of officer irrelevant to existence of probable cause)
- Arizona v. Gant, 556 U.S. 332 (2009) (search incident to arrest limitations)
- United States v. Mendenhall, 446 U.S. 544 (1980) ("seizure" test—would a reasonable person feel free to leave)
- People v. Cregan, 2014 IL 113600 (defendant’s burden and proof framework on suppression motion)
- People v. Fitzpatrick, 2013 IL 113449 (officer may arrest for minor offenses)
- People v. Givens, 237 Ill. 2d 311 (possession and inference of knowledge)
- People v. Slater, 228 Ill. 2d 137 (deference to factfinder on credibility)