People v. Smith

Defendant, Travis Smith, was charged by indictment with aggravated unlawful use of a weapon (720 ILCS 5/24— 1.6(a)(1), (a)(3)(C) (West 2000)) after a police officer seized a handgun from his sleeve during a pat-down search. The circuit court of Du Page County allowed defendant’s motion to quash his arrest and suppress the handgun from evidence. The State appealed, and the appellate court reversed and remanded. 346 Ill. App. 3d 146. At issue before this court is the validity of defendant’s consent to the pat-down search. We hold that defendant’s consent was voluntary, and that it was not the…