People v. Edward 

Illinois Appellate Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 1-08-2607
Decision Date: 
Friday, June 11, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
TOOMIN
Defendant and two other persons were wheeling a City of Chicago garbage can down a residential street at 2:30 a.m., and were stopped by police patrol officer who found articles of clothing, with tags on them, inside the can. Under totality of circumstances, scene would objectively give rise to a suspicion sufficient to meet requirement of reasonableness; encounter was within permissible and constitutional boundaries and Defendant had no standing to object to search of garbage can. Defendant who has been lawfully seized has no reasonable expectation of privacy in contents of a city-owned garbage can in his possession. Requisite intent for burglary satisfied, under accountability theory, as Defendant admitted that two men inside clothing store were passing clothing to him through hole above rear door of store. (FITZGERALD SMITH and LAVIN, concurring.)