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People v. Palmer

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eBook details

  • Title: People v. Palmer
  • Author : Supreme Court of Illinois
  • Release Date : January 26, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

After a bench trial before a judge in the circuit court of Cook County, the defendant was found guilty of unlawful use of weapons and of failure to possess a firearm owner's identification card. (Ill. Rev. Stat. 1971, ch. 38, pars. 24-1(a)(4), 83-2(a).) The appellate court reversed the convictions (22 Ill. App.3d 866), and we allowed leave to appeal. The disputed issue in the case concerns the legality of the search of the defendant, John Palmer, which disclosed a loaded .25-caliber revolver in the defendant's right rear pants pocket. The arresting officer testified that at approximately 11:10 a.m. on October 12, 1971, he saw the defendant driving a car without any license plates. The defendant parked the car and helped a woman passenger out of it. When the defendant started to drive away, the officer stopped him, asked him how long it had been since he purchased the car, and also asked him to produce his driver's license. The defendant did not have a driver's license, but looked through his wallet for a yellow slip. The officer then searched him and discovered the weapon described above in the defendant's pants pocket. The trial judge denied the motion to suppress on the ground that because the car which the defendant was driving had no license plates and the defendant had no driver's license, the officer was justified in believing that he was dealing with something more than a routine traffic violation.


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