This case presents question as to whether trial court properly denied defendant’s motion to suppress gun seized from his home pursuant to search warrant seeking to find evidence of drug distribution committed by third-party. While defendant argued that issuance of search warrant was not supported by any evidence indicating that criminal activity had transpired in his home, Appellate Court found sufficient connection between defendant’s home and criminal activity to support issuance of search warrant, where: (1) police observed third-party leave defendant’s home while undercover officer spoke with third-party to set up imminent drug transaction; and (2) police then observed third-party walk from defendant’s home to location of drug transaction. Police also had observed in another drug transaction defendant’s use of vehicle that was registered to defendant’s home. (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Search and Seizure