People v. Hill 

(Modified upon denial of rehearing 8/24/12.) Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon. Police did not have lawful right to detain and transport Defendant incident to execution of search warrant, where there was no indication that police detained him as soon as practicable after observing him leave residence. Defendant was prejudiced by admission of his statement as to gun found underneath bed in one bedroom of a three-bedroom apartment, as State had not established, other than by Defendant's statement, that he had access to apartment and thus constructive possession of gun. No reasonable trial strategy in defense counsel's decision not to file motion to suppress Defendant's statement, which had reasonable probability of success, and thus ineffective assistance of counsel which prejudiced Defendant. (McBRIDE and HOWSE, concurring.)