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  1. #1
    Grandmaster melensdad's Avatar

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

    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?

  2. #2
    Silencers Have NEVER Been Illegal !
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    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.
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  3. #3
    Grandmaster melensdad's Avatar

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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.

  4. #4
    Expert Flintlock's Avatar

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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.

  5. #5
    Shooter

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    Quote Originally Posted by melensdad View Post
    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.

  6. #6
    Shooter

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    Quote Originally Posted by Flintlock View Post
    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.

  7. #7
    Grandmaster melensdad's Avatar

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    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???

  8. #8
    Marksman

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    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.

  9. #9
    Grandmaster CarmelHP's Avatar

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    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?
    Barack Obama: In your heart you know he's nuts.

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  10. #10
    Plinker M9Hoosier's Avatar

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    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.


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