Felony Unlawful use of Weapon

Client was stopped for speeding. The police officer asked the Defendant if he had anything illegal in the vehicle. The Defendant kept telling the officer he did not. After the speeding ticket was issued to the Defendant, the police officer asked him if he could search the vehicle. The Defendant finally admitted to the officer that he had a bag of cannabis in the vehicle. The police officer searched the vehicle and found a loaded handgun under the driver’s seat. Being charged with a loaded gun is a non-probationable offense. I filed and motion to suppress the evidence found based upon the officer violating my clients Constitutional rights. I argued that the length of the detention was unreasonable and the officer had no right to question my client regarding anything illegal that might have been in the vehicle. I argued to the judge that his was a due process violation. The judge agreed and suppressed all evidence. The handgun and drugs were suppressed from evidence!