Caught in Cook County, Illinois with a gun in the car!

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  • melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    23,984
    77
    Far West Suburban Lowellabama
    OK this did NOT happen to me.

    But my friend's boyfriend got pulled over in Lynwood, IL with a loaded gun in the car. He has a valid Indiana license, was an idiot and crossed the state line with the gun, took it off his belt and slipped it, loaded, under the front seat of the car. Police searched the car, obviously found the gun.

    Anyone know if there is any chance that he not end up with a felony on his record? I think he's screwed. Especially because of where he got caught. If he had been caught downstate then I think there would be a probably plea-bargain but not sure that will happen in the anti-gun Chicagoland area.

    Anyone know of a GOOD defense attorney who practices in southern Cook County?
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
    Rating - 100%
    25   0   1
    Mar 20, 2008
    12,885
    83
    Franklin Township
    Hmmmm, I smell something fishy..... So he gets stopped for, presumably, some minor traffic-related infraction. How did it then escalate to the point that the officer(s) searched the car? I'd like to know all the details before suggesting anything. I can say that I was in a vehicle with a guy in Illinois and he was found to be in posession of a loaded handgun (with an Indiana LTCH). The deputy who stopped him/us took the pistol to his dept. and instructed the owner that he could come pick it up the next day after he got a chance to run it. He proceded to take a few bites out of the owner's arse and let him know how much of a no-no it was, but everything ended up OK. I'm just relaying this experience as a beacon of hope that all is not necessarily lost.
     

    Flintlock

    Expert
    Rating - 100%
    2   0   0
    Sep 25, 2008
    1,153
    36
    Southeastern Indiana
    It shouldn't be common for officers to search vehicles just because of a traffic violation and the officer must have had probable cause. I would assume this story goes deeper than you know.
     

    Joe Williams

    Shooter
    Rating - 0%
    0   0   0
    Jun 26, 2008
    10,431
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    Honestly I don't know all the details. It is common for police to ask to search a car. I suppose he did. All I know is he ended up in Cook County Jail for the night and was charged with felony possession.

    Asking is one thing. Giving permission is another. If he gave permission, he's a silly, silly person. If he didn't, then his best bet is to get an attorney and make the cop justify the search. No guarantees there, either, but it'll be his best bet.
     

    Joe Williams

    Shooter
    Rating - 0%
    0   0   0
    Jun 26, 2008
    10,431
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    It shouldn't be common for officers to search vehicles just because of a traffic violation and the officer must have had probable cause. I would assume this story goes deeper than you know.

    The officer doesn't have to have probable cause simply to ask permission. Nor, under certain circumstances, must he have probable cause to do a search of areas under the driver's immediate control, similar to a pat down, though he must have reasonable articulable (sp?) suspicion of a crime to do so.

    Of course, there have been cases overturned when an officer asked permission to search and still had the search overturned, but those were due to intimidation, coercion, etc.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    23,984
    77
    Far West Suburban Lowellabama
    I agree that there is probably a bit more to the story.

    But the fact is there was a search. Maybe he was an idiot and gave permission? Maybe there was cause. I don't know. But it is done.

    Now he is released and the only thing he was charged with was felony gun possession. So the question comes back to does anyone know if there is a chance to plea-bargain this down? Or is he stuck with a felony and screwed for the rest of his life???
     

    waloidian

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 25, 2008
    465
    16
    Bloomingtonian
    I agree, searches are NOT common. Been pulled over a dozen times, and never got close to a search. If your friend knew that the police MIGHT have any probable cause to search the car, the gun should never have been taken with him. With all that said, tell him to get a lawyer immediately. Prosecutors can be more understanding than you think. You can most always plead not guilty, and arrange a pretrial meeting with the prosecutor, or their office. This will give him a chance to tell his story, but if he doesnt have a good excuse, thats believable (remember, they deal with liars all day long, they see through the BS), then he could get the charge reduced. Good luck.
     

    CarmelHP

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 14, 2008
    7,633
    48
    Carmel
    Of course there's a chance. What prosecutor wants to take a petty charge like this to a jury unless they want to ream him real bad?
     

    M9Hoosier

    Marksman
    Rating - 0%
    0   0   0
    Apr 4, 2008
    177
    16
    NWI
    Does he have any previous criminal record including misdemeanors? if he doesn't it WILL be reduced to a misdemeanor, this is exactly what happened to my friend and it happened in lansing,il right next door to lynwood. make sure he gets a good attorney. Ill ask my friend for the number.
     

    kludge

    Grandmaster
    Rating - 100%
    5   0   0
    Mar 13, 2008
    5,360
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    Yes, but won't a misdemeanor charge of a gun violation make you ineligible for an IN LTCH?

    Maybe this is our SCOTUS case for the right to BEAR arms? I can dream.
     

    NDhunter

    Marksman
    Rating - 100%
    2   0   0
    Dec 8, 2008
    166
    16
    North Central IN
    There is a reason his car got searched, it could be legitimate or not, but either they had PC or he gave permission. Either way it comes back to him, as does having a gun in a place any Indiana LTCH holder should know is a major no-no.

    I'd say any way about it his LTCH privelege is gone. You could get a constitutional law specialist to fight it, but it would be cheaper and easier to go with a good lawyer and just plead it out, like it or not he broke the law and that fact is not really arguable.
     

    antsi

    Expert
    Rating - 0%
    0   0   0
    Nov 6, 2008
    1,427
    38
    [QUOTE]Been pulled over a dozen times, and never got close to a search.[/QUOTE]

    Pulled over in Illinois with Indiana tags?

    Just wondering.

    Sometimes there are tangential factors not directly related to criminality/legality that can influence the treatment a person gets from the law.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    23,984
    77
    Far West Suburban Lowellabama
    Yes, but won't a misdemeanor charge of a gun violation make you ineligible for an IN LTCH?
    He already has his LTCH so I'm guessing it would have to be revoked? Does the state review LTCH holders on a regular basis for criminal activity? I presume they do at some interval but does anyone know the procedure that the state uses for review? He'd have the misdemeanor in Illinois if it gets pleaded down. Would that be enough to lose a LTCH?
     

    kludge

    Grandmaster
    Rating - 100%
    5   0   0
    Mar 13, 2008
    5,360
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    He already has his LTCH so I'm guessing it would have to be revoked? Does the state review LTCH holders on a regular basis for criminal activity? I presume they do at some interval but does anyone know the procedure that the state uses for review? He'd have the misdemeanor in Illinois if it gets pleaded down. Would that be enough to lose a LTCH?

    I dunno, but it might come up when it's time to renew.

    This stuff really makes me :xmad:
     

    waloidian

    Sharpshooter
    Rating - 0%
    0   0   0
    Nov 25, 2008
    465
    16
    Bloomingtonian
    [QUOTE]Been pulled over a dozen times, and never got close to a search.[/QUOTE]

    Pulled over in Illinois with Indiana tags?

    Just wondering.

    Sometimes there are tangential factors not directly related to criminality/legality that can influence the treatment a person gets from the law.
    No, not all in IL. I lived and worked in chi over a 4 year period (with IN res, so yes plates), and pulled over 4 times in total. I didnt like the reasons I was pulled over, but there was no drama with them. Ive been pulled over in worse states down south, and no problem as well. Im sure there is a chance of getting a jerk cop, but ive just stayed respectful and it usually works.
     

    NDhunter

    Marksman
    Rating - 100%
    2   0   0
    Dec 8, 2008
    166
    16
    North Central IN
    If this guy was in New York period he would be facing 3.5 years in the slammer.

    IC 35-47-2-3 (g)
    " (g) A license to carry a handgun shall not be issued to any person who:
    (1) has been convicted of a felony;
    (2) has had a license to carry a handgun suspended, unless the person's license has been reinstated;
    (3) is under eighteen (18) years of age;
    (4) is under twenty-three (23) years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
    (5) has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.
    In the case of an arrest under subdivision (5), a license to carry a handgun may be issued to a person who has been acquitted of the specific offense charged or if the charges for the specific offense are dismissed. The superintendent shall prescribe all forms to be used in connection with the administration of this chapter."

    If he could plead it to a misdemeanor he looks safe to keep his license.

    If it stays a felony and he decides to not tell the forces that be:
    "IC 35-47-2-5
    Suspension or revocation of license; failure to return license; rules concerning procedure for suspending or revoking license
    Sec. 5. (a) The superintendent may suspend or revoke any license issued under this chapter if he has reasonable grounds to believe that the person's license should be suspended or revoked.
    (b) Documented evidence that a person is not a "proper person" to be licensed as defined by IC 35-47-1-7, or is prohibited under section 3(g)(5) of this chapter from being issued a license, shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the specific offense.
    (c) A person who fails to promptly return his license after written notice of suspension or revocation commits a Class A misdemeanor. The observation of a handgun license in the possession of a person whose license has been suspended or revoked constitutes a sufficient basis for the arrest of that person for violation of this subsection."

    The definition of proper person-which for him is contingent on a felony (could be sentence to more than one year) or not.

    ""Proper person"
    Sec. 7. "Proper person" means a person who:
    (1) does not have a conviction for resisting law enforcement under IC 35-44-3-3 within five (5) years before the person applies for a license or permit under this chapter;
    (2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
    (3) does not have a conviction for a crime of domestic violence (as defined in IC 35-41-1-6.3), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
    (4) is not prohibited by a court order from possessing a handgun;
    (5) does not have a record of being an alcohol or drug abuser as defined in this chapter;
    (6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;
    (7) does not make a false statement of material fact on the person's application;
    (8) does not have a conviction for any crime involving an inability to safely handle a handgun;
    (9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application; or
    (10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age."
     

    iam1096

    Sharpshooter
    Rating - 0%
    0   0   0
    Jun 16, 2008
    309
    18
    Ohio
    1. Lawyer that is a good with these kinds of cases.
    2. Ask for a speedy court hearing. They have 120 days to have it before a Judge. Cook County, that would be pushing the time limit.
    3. Write down all of the facts of what happened on that day. What he might forget my be the " get out of jail card."
    4. Don't get into anymore trouble at all.
    5. Don't tell anyone about what happened. It can be used in court.
    6. I was a Police officer in Hellinois and Cook County is a gun hating area, even for other PD Officers.
    7. Did I say get a good lawyer?
     
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