Illinois Appellate Court
Criminal Court
Witnesses
Motions to Suppress
Defendant convicted of unlawful possession of weapon by felon, and claimed ineffective assistance of counsel for failure to move to suppress video of inside of his home taken by confidential informant wearing buttonhole camera during controlled purchase of narcotics from Defendant. Defendant had no constitutionally protected privacy interest in any activity that informant viewed in his home, including Defendant's possession of a handgun, thus motion to suppress would have failed and counsel was not ineffective. Search warrant was not facially deficient, as it included admissions against interest by informant, and that informant had seen narcotic bills inside Defendant's home, and that he had firsthand knowledge of Defendant's possession of pills; thus, no prejudice to Defendant when counsel failed to challenge it. (STEIGMANN, concurring; APPLETON, dissenting.)