Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted of criminal sexual assault and sentenced to natural life imprisonment. Defendant was arrested without a warrant in the fenced-in back yard of his home. By the time of his arrest, Defendant had been identified in the photo lineup as the perpetrator, and his phone had been identified as that used to call the victim's grandmother. Either point gave officers probable cause to arrest him for violating his parole. Thus, counsel was not ineffective for failing to file a motion to suppress.Defendant's status as a parolee, along with plain language of his search condition, reduced his expectation of privacy in his residence.(CARTER and WRIGHT, concurring.)