Defendant was convicted, after bench trial, of possession of a controlled substance (heroin) and sentenced to 5 years. State invoked surveillance location privilege at trial. Officer's testimony established the need for an elevated and undisclosed vantage point from which to observe a known drug-trafficking area. Officer provided, at trial, extensive detail about the location and its fairly close proximity especially in light of officer's use of binoculars. Court did not abuse its discretion in applying the qualified privilege. Officer's surveillance testimony was corroborated by physical evidence seized and which officer had observed. Certain assessments should be offset against Defendant's per diem credit. (McBRIDE and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance