This is a big deal. The First District (IL appellate) vacated a conviction for unlawful possession of a weapon by a felon, following Aguilar and Burns, holding that the seizure was unconstitutional because the statute which the LEO relied on was unconstitutional (AUUW/UUW/UPF) and voided by the ILSC. The court declined to apply the Krull good faith exception to a statute held unconstitutional and declared void ab initio.
The court couldn't find reasonable suspicion to justify a Terry stop other than the Man With a Gun tip and, since AUUW/UUW was voided, there was no reasonable suspicioun and (especially) no probable cause to arrest the defendant. Since the Good Faith Exception cannot be applied to a seizure based on an unconstitutional statute that is treated as though it never existed, all evidence must be suppressed, arrest quashed. http://www.illinoisc...ict/1141040.pdf Sent from my VS987 using Tapatalk