People v. Wardlow

Following a bench trial, defendant Sam Wardlow was found guilty of unlawful use of a weapon by a felon and was sentenced to two years’ imprisonment. The sole issue in this appeal is whether the circuit court erred in denying defendant’s motion to suppress the gun that was seized from him during an investigatory stop. For the reasons that follow, we conclude that defendant’s motion to suppress should have been granted and we reverse his conviction.

At the hearing on defendant’s motion to suppress, Officer Timothy Nolan testified that on September 9, 1995, he and his partner, Officer Harvey,…