Motion to suppress evidence granted – AGGRAVATED UNLAWFUL USE OF WEAPONS BY A NON FELON – CLASS 2 FELONY- CASE DISMISSED
Last fall, HK was arrested for aggravated unlawful use of weapons. The arresting officers, touring the area following an alleged robbery, saw HK crossing the street, and pulled their car up behind him. They asked him to place his hands on the back of the squad care and conducted a protective pat down search. During the pat down, the officers found cannabis in HK’s pants pocket. They then proceeded to remove and search HK’s backpack, leading to the discovery of a loaded handgun. HK was taken into custody and charged with aggravated unlawful use of a weapon. After reviewing the case, we did an investigation and planned our defense strategy. In order to attack the constitutionality of the protective pat down search, we filed a motion to suppress and took the matter to hearing. At the hearing, we questioned the officer extensively on the initial pat down search of HK. During this examination, the officer testified that prior to the search, the officers pulled up their car behind HK and made him put his hands on the back of their squad car. Given this testimony, the judge held that the officers had effectively placed HK under arrest without a reasonable suspicion that a crime had been committed. Accordingly, the judge ordered that all evidence obtained during the improper search was illegally obtained and GRANTED our Motion to suppress evidence. The State’s Attorney reviewed the Court’s ruling and subsequently DISMISSED all charges. MOTION TO SUPPRESS EVIDENCE GRANTED – CASE DISMISSED.