Arrest and firearm training in illinois
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Ground Tactics Coaches Certification Course. Identifying Criminal Vehicles and Occupants. Foundational Principles of Force Science. If any officer sees a person driving a car, the officer has probable cause to arrest the driver, and the officer can find out later whether the arrested person has a license to drive.
The police here operated on an outdated assumption—possession of a firearm in and of itself is a crime. Until recently, that was true in the City of Chicago. But the law has shifted dramatically during this decade. Since the legislature has legalized gun possession and concealed carry, many citizens may now possess firearms provided they have followed the regulations. Our legislature has made a policy decision that has legal consequences for how law enforcement officers must deal with possession of firearms. No longer can police assume that a person seen with a firearm is involved in criminal activity.
Law enforcement officers must adjust their procedures so that law-abiding citizens do not face the undue burden of arrest for licensed activity.
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Once Officer Whitlock discovered the gun in the glove compartment, he could have attempted to find out whether Penister or Rockett had a license for the gun. If he found evidence that they had no such license, he would have had probable cause to arrest. But if police can lawfully arrest Penister here, without making any effort to determine whether he had a license for the gun, everyone found with a firearm would be subject to arrest, no questions asked. Firearm owners who might wish to carry a concealed weapon should find that the facts of this case give them some cause for alarm.
Even a person who could quickly prove the legality of gun possession would still face onerous arrest. Arrests can have significant legal and reputational consequences.
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Imagine, for example, a citizen legally carrying a concealed weapon who is arrested during her morning commute, who then must explain to her supervisor why she arrived hours late for work. The approach the State advocates here—arrest first, sort it out later—would cause fundamental and manifest injustice.
We must not naively overlook the racially disparate impacts of this kind of police procedure. Consider the police homicide of Philando Castile. Castile, stopped for a traffic violation, told the officer that he was carrying a handgun. The officer pulled out his own gun and screamed, "Don't pull it out. The entire encounter—from the officer approaching Castile's car to the shooting—took less than a minute. Police, prosecutors and judges need to stay alert to potential discriminatory treatment in the arrest of Blacks and other minorities for FOID card and concealed carry violations. We hold that Penister's possession of a gun did not constitute probable cause to arrest him, as the gun possession did not support an inference that any offense had occurred.
See People v. Aguilar , IL , 20 the second amendment right to bear arms extends beyond the home. Ciaramella Christian Britschgi