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Traffic Stop Semantics Stay Weapons Charge

A Chicago man’s claim that police lacked reasonable suspicion to conduct the search that yielded a loaded handgun in his awkwardly parked vehicle failed before a First District appeals panel, which said the traffic obstruction merited the stop. Cops observed Jarmon Edwards shuffling inside the car that was parked three feet from the curb as they responded to a report from an electronic detection system of shots fired in 2017. Despite possessing a Firearms Owner Identification Card (FOID), Edwards denied the existence of the loaded gun that was found under his seat when cops searched the vehicle.

A Cook County judge denied Edwards’ motion to suppress on Fourth Amendment search-and-seizure protections, siding with the state that cops only conducted the search after seeing a holster on the floor of the car. While the appeals court agreed with Edwards that the stop began when cops engaged their lights and blocked his car from moving, judges said the distance from the curb was apporpriate grounds under federal law for the search that earned Edwards, who lacked a Concealed Carry rider on his FOID, an Aggravated Unlawful Use of a Weapon charge.

The DuPage County Weapons Attorneys at The Chicagoland Law Firm represent clients in courts around the state, including in Cook County. Our Criminal Defense Appeal Lawyers are expert at building the strategies that achieve the best outcomes possible based on the facts in their case. To learn more, contact our offices in Downers Grove and downtown Chicago for a free consultation. When you retain us, we will put our team of legal professionals to work in building your case. We are your best defense.