➊ Officer Safety Remains A Relevant And Pressing Concern In These Cases (But Pay Attention To The Dissent)
People v. Hood, 2019 IL App (1st) 162194 (December). Episode 725 (Duration 14:37)
In Illinois we have Conceal & Carry legislation that makes it lawful to carry a gun in public under certain conditions. Naturally, defense attorney began to argue in court that an arrest is unconstitutional when an officer handcuffs and arrests a subject with a gun.
❷ In The Probable Cause Calculation Can Defendant’s Silence Be Considered A Factor Against Him?
People v. Spain, 2019 IL App (1st) 163184 (December). Episode 726 (Duration 15:45)
The rationale is that the officer could not have possibly known if the individual was properly licenses before making the arrest. Therefore the arrest was improper.
❸ Defendant Wins This One, But Why? Pat Special Attention To Consensual Encounters
People v. Flunder, 2019 IL App (1st) 171635 (December). Episode 727 (Duration 13:23)
So this issue has been kicking around the Illinois court system. These 3 cases I think do the best at explaining the current rules on arresting a person who has a gun in public.