People v. Basiak

The defendant, Richard Basiak, was charged by two separate complaints with unlawful use of a weapon (Ill. Rev. Stat. 1975, ch. 38, par. 24—1(a)(4)), and possession of a firearm without having in his possession a State firearm owner’s identification card. (Ill. Rev. Stat. 1975, ch. 38, par. 83—2.) The trial court sustained defendant’s pretrial motion to suppress the evidence as to both charges. This is an appeal by the State from that order.

The State contends that the evidence was properly obtained through a valid search incident to either a lawful “stop and frisk” or, alternatively, a lawful…