The answer from one Illinois appellate court is no.
Police need a reasonable suspicion of criminal activity to make something known as a Terry Stop. A Terry Stop allows an officer to conduct a brief, investigative stop where criminal conduct may be occurring.
In People v. Dorsey, the defendant was loading boxes into his SUV. An officer saw what looked like the handle of a gun sticking out of a tote box. Officers then seized the defendant, placing him in the back of the police car. Defendant was charged with weapon offenses based on his lack of a Firearm Owners ID Card or a Concealed Carry License. The court granted his motion to suppress the evidence from his stop.
The appellate court found that the presence or use of guns, without more, does not suggest likely criminal activity, at least not in places where carrying a firearm in public is permitted with a concealed carry license. The court acknowledged that anyone carrying a gun in public might not have a license and might thus be guilty of unlawful possession. However, any justification based on this fact alone lacks the particularized and objective basis needed to justify a Terry Stop.
An officer may ask about the status of a concealed carry license where you consent, or if the officer has a valid, independent basis for a stop. But the mere possibility that anyone with a gun might not have a valid license is not enough to justify a seizure.
If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did police have the justification they needed to stop or search you? If not, an attorney can petition the court to suppress the evidence from the stop. In limited cases, this could result in your charges being dismissed.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
