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Expectation of Privacy Not Established in Apartment Building

Posted by Daniel Herbert DUI/Criminal Defense

Defendant was charged with aggravated unlawful use of a weapon (AUUW) after police observed him, while in common area of an unlocked multiunit apartment building, hand off a gun to his friend and then flee upstairs into an apartment unit. Court erred in granting Defendant’s motion to quash arrest and to suppress evidence. Defendant abandoned his handgun without implicating a 4th Amendment search or seizure. Defendant failed to establish a reasonable expectation of privacy in the actual apartment unit, and thus, in the building itself. Evidence did not establish whether apartment was locked before he entered, how often he was there, whether he planned to stay there for more than a brief time, or whether he kept any possessions there. (MASON and PUCINSKI, concurring.)
People v. Thomas, 2019 IL App (1st) 170474 (March 19, 2019) Cook Co., 2d Div, (LAVIN) Reversed and remanded.

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