Fourth Amendment-Illinois Concealed Carry Act

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7^th Circuit Court of Appeals

Case Name: United States of America v. Emanuel Dameron

Case No.: 22-3291

Officials: Easterbrook, Scudder, and Kirsch, Circuit Judges.

Focus: Fourth Amendment-Illinois Concealed Carry Act

Dameron faced charges of possessing a firearm as a felon after police officers observed what appeared to be a gun in his waistband on a live video feed from a pole camera and subsequently found a gun on him during a frisk search on a public bus in Chicago. Dameron contested the search, arguing that it violated the Fourth Amendment and the standards set in Terry v. Ohio. Despite his motion being denied by the district court, he was convicted at trial.

During an evidentiary hearing, the officer operating the pole camera testified about his knowledge of the neighborhood’s history of gang and narcotic activity and his observation of the suspicious object in Dameron’s waistband. The district court concluded that the visible bulge in Dameron’s waistband, combined with his presence in a high-crime area, justified the Terry stop. Dameron was subsequently found guilty and sentenced to 110 months’ imprisonment.

On appeal Dameron reiterated his argument that the search violated the Fourth Amendment. He contended that Illinois law allows concealed carrying of firearms and that the police couldn’t confirm whether he was a licensed holder. However, the court declined to address this argument, focusing instead on the fact that Dameron was on a public bus when searched. According to the Illinois Concealed Carry Act, carrying a firearm on public transportation is prohibited. Therefore, the court affirmed the lower court’s decision, ruling that the officers had reasonable suspicion to believe Dameron had violated the law, and their pat-down search was lawful under the Fourth Amendment.

Affirmed.

Decided 05/31/24

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