People v. Mallett

Illinois Appellate Court
Criminal Court
Motion to Suppress
Citation
Case Number: 
2023 IL App (1st) 220920
Decision Date: 
Tuesday, September 26, 2023
District: 
1st Dist.
Division/County: 
2d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
COBBS

Defendant was found guilty of aggravated unlawful use of a weapon and sentenced to two years’ probation. On appeal, defendant argued that the trial court erred in denying her motion to quash and suppress because the police lacked probable cause to search her vehicle and that the State failed to present sufficient evidence that she constructively possessed the gun recovered from her car. The appellate court affirmed, finding that the officers had probable cause to search the vehicle when narcotics were in plain view and that a rational trier of fact could conclude that defendant had knowledge of the presence of a gun in her locked glove compartment. (FITZGERALD SMITH and ELLIS, concurring)