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In re K.A.
Illinois Appellate Court
682 N.E.2d 1233 (1997)
The State of Illinois (plaintiff) charged K.A. (defendant) with unlawfully possessing and intending to distribute cocaine. The state petitioned to have K.A. declared a delinquent minor. Evidence at K.A.'s adjudicatory hearing established that police found K.A. and his partner in a sparsely furnished and derelict apartment. The apartment was in a house that police knew to be used primarily for storing and distributing illegal drugs. Police had raided the house on prior occasions and knew it was poorly secured, used by many different individuals, accessible to anyone, and ill-suited for habitation. When police entered the apartment, they found K.A. standing near locations where they later discovered concealed bags of cocaine, but they found neither cocaine on K.A.'s person nor K.A.'s fingerprints on the cocaine bags. K.A. initially tried to flee from the police and his explanation for his presence in the apartment was suspicious. There was no evidence indicating that K.A. owned, rented, or lived in the apartment, or that he had been in the apartment for more than a few minutes before the police arrived. The trial court adjudicated K.A. a delinquent, and he appealed to the Illinois Appellate Court.
Rule of Law
Holding and Reasoning (Colwell, J.)
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