Defendant was convicted, after bench trial, of possession of heroin with intent to deliver and 8 counts of unlawful possession of a weapon by a felon. Court erred in denying Defendant's motion for a hearing based on his challenge to the truth of the allegations in affidavit supporting search warrant. Evidence does not show Defendant's control over the premises. A defendant's possession of keys alone are insufficient proof of constructive possession. Hidden location of gun and State's failure to prove that Defendant ever entered the home creates a reasonable doubt as to Defendant's knowledge of presence of gun. Even assuming Defendant had access to garage, no evidence suggests that he had knowledge of presence of hidden contraband. (HYMAN and PIERCE, concurring.)
Illinois Appellate Court
Civil Court
Possession of Weapons