In re K.A.
Illinois Appellate Court
682 N.E.2d 1233 (1997)
- Written by Rich Walter, JD
Facts
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
Issue
Holding and Reasoning (Colwell, J.)
What to do next…
Here's why 803,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
