You had two charges against you; the first was nolle prosequied and the second you already knowI'm not sure on exactly how my lawyer worked that out, but I know that the weapons charge didn't even go to trial, as my lawyer and the state attorney agreed to drop it the day of trial. The only charge that went to trial was the permit charge, and that one I was found not guilty of by the judge.
Most of it probably comes from the decision of US v. DeBerry, though that's not the only instance.There is a court ruling(I cant recall which one specifically) that states that a firearm, where legally carried, is not cause for a stop. Too bad in Iowa its a crime.
The only fact that saves the officer's stop of DeBerry, in my opinion, is the fact that it is unlawful in Illinois to carry a concealed weapon. The tipster informed the police that DeBerry was armed, and it appears from the facts before us that the weapon was not in plain view. I do not agree that this case would necessarily come out the same way if Illinois law, like the law of many states, authorized the carrying of concealed weapons. At that point, the entire content of the anonymous tip would be a physical description of the individual, his location, and an allegation that he was carrying something lawful (a cellular telephone? a beeper? a firearm?). This kind of non-incriminatory allegation, in my view, would not be enough to justify the kind of investigatory stop that took place here. It would mean, in states that permit carrying concealed weapons, that the police no longer need any reason to stop citizens on the street to search them. However, we do not have that situation. Because I therefore consider the Court's comments on lawful concealed weapons to be dicta, I concur in the result reached today.
POSNER, Chief Judge.