People v. Parker

── People v. Parker ── Court: Appellate Court of Illinois Date: May 08, 2026 Category: General 2026 IL App (1st) 260240-U No. 1-26-0240B Order filed May 8, 2026 Sixth Division NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 25 CR 13946 01 ) DEAMONTE PARKER ) The Honorable ) James Michael Obbish Defendant-Appellant. ) Judge, presiding. JUSTICE HYMAN delivered the judgment of the court. Presiding Justice C.A. Walker and Justice Pucinski concurred in the judgment. Order ¶1 Held: Affirmed. The State carried its burden of showing pretrial detention was necessary. ¶2 Pretrial decisions often must be made within hours of an arrest, the parties frequently proceed by proffer, and the circuit court does not rule on evidentiary issues. ¶3 Deamonte Parker appeals his pretrial detention order entered the day after his arrest under the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/art. 110 (West 2022)), as amended by Public Act 101-652 § 10-255 (eff. Jan. 1, 2023), commonly known as the Pretrial Fairness Act (Act). He contends that police officers unlawfully found a loaded firearm on him, and that the No. 1-26-0240B circuit court impermissibly relied on his status as a repeat felony offender in ordering him detained. But Parker overlooks that part of the Code permitting the circuit court to rule as it did as well as parts of the State’s proffer supporting the order to detain. So we affirm. ¶4 Background ¶5 The State petitioned to detain Deamonte Parker for being a repeat felony offender in unlawful possession of a firearm (720 ILCS 5/24-1.7(a) (West 2026)). The detention hearing occurred the day after Parker’s arrest. ¶6 The State proffered that the Chicago police stopped a car with expired plates. Parker was a passenger. During the stop, officers asked if he possessed a Firearm Owner Identification (FOID) card or concealed carry license. Parker replied, “No.” Officers noticed his hands shaking, limited eye contact, and an open can of alcohol in a nearby cupholder. They directed Parker to pick up the can and shake it. He did so, and officers heard liquid splashing. They ordered Parker out of the car. ¶7 As he left the car, Parker turned away from the officers, concealing his front side. Officers directed him to face forward, and when he did, they saw the brown handle of a firearm poking from his coat pocket. Parker pulled away, stiffening his body as officers detained him. Officers seized a loaded handgun. They again asked if he had a FOID card or concealed carry license, and Parker again replied, “No.” An on-scene background check confirmed he did not. ¶8 Parker had two other felonies: a 2022 conviction for aggravated unlawful use of a weapon and a 2020