People v. Valle

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2015 IL App (2d) 131319
Decision Date: 
Thursday, June 11, 2015
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of unlawful possession of cocaine with intent to deliver. Court properly denied motion to quash arrest and suppress evidence seized from detached garage. Although warrant expressly authorized search of Defendant’s residence, detached garage was within curtilage. Thus, detached garage was a proper object of the search. Had the issuing judge wished to exclude the garage, despite that case authority, he could have and would have done so expressly. (SCHOSTOK and BIRFKETT, concurring.)