People v. McCauley

Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance
Citation
Case Number: 
2018 IL App (1st) 160812
Decision Date: 
Friday, December 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Affirmed and vacated.
Justice: 
ELLIS

Defendant was convicted, after bench trial, of delivery of a controlled substance and possession of a controlled substance with intent to deliver. Defendant sold drugs to an undercover officer inside the home of a person for whom Defendant regularly performed housework. Officers then returned to that house, without a warrant, and seized more drugs and arrested Defendant.Defendant failed to carry his burden of showing that he had a reasonable expectation of privacy in that house. Thus, court properly denied Defendant's motion to suppress.  DNA fee vacated, as that fee may be imposed only if a defendant is not already registered in DNA databank.(HOWSE and COBBS, concurring.)