Defendant was charged with unlawful possession of a weapon by a felon and unlawful possession of a controlled substance. Court properly denied Defendant's motion to suppress. Convictions are reversed due to insufficiency of State's evidence as to constructive possession. A reasonable person would not be able to conclude that Defendant had exclusive control over the residence on the date of the search, such that Defendant could be found to have knowingly possessed the contents of the entire household. Investigation did not reveal Defendant's fingerprints or DNA on either the scale with the cocaine residue or the firearms. There was no direct evidence showing Defendant touched or exerted actual control over any of these items. (LYTTON and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress