IL: Simple question during SW execution about whether def had been subjected to a SW before wasn’t interrogation where he volunteered where a gun was

A question to defendant during execution of a search warrant whether he’d been the target of a search warrant before led to an incriminating and unsolicited response about a gun that would not be suppressed. He wasn’t being interrogated. Therefore, no IAC for not raising it. People v. Martin, 2020 IL App (1st) 181217, 2020 Ill. App. LEXIS 633 (Sept. 21, 2020).*

“Based on the totality of the circumstances, the trial court erred in determining that the traffic stop was constitutionally invalid. The police officer observed that the Hyundai was following too closely to the lead vehicle, especially as the lead vehicle slowed to turn. Consequently, it was reasonable for the officer to conclude that the Hyundai committed a violation of R.C. 4511.34(A) and this violation provided a valid basis to stop the vehicle. In light of this determination, the state’s second issue—whether the officer made an objectively reasonable mistake of law—is moot and need not be addressed.” State v. Hentenaar, 2020-Ohio-4503, 2020 Ohio App. LEXIS 3375 (12th Dist. Sept. 21, 2020).

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