People v. Fernandez, 69 N.E.3d 887

On May 16, 2009 police executed a search warrant at 4636 S. Keating Ave (house and detached garage) and recovered heroin, multiple handguns, and ammunition under the hood of an inoperable van and a .38 under a bedroom mattress.
The warrant was supported by an affidavit from Officer Junkovic reporting a confidential informant’s May 15 account that Fernandez showed and packaged heroin at the Keating property; the informant identified Fernandez from photos and appeared before the warrant judge.
On May 15 officers observed Fernandez in a gold car in a suspected street sale, arrested him after a chase, and found heroin in his possession and keys on his person; he later admitted to selling heroin at the station (not in reports).
At the Keating residence officers found Fernandez’s passport, insurance cards, and framed photos in a bedroom where the .38 handgun was recovered; a man present at the house identified himself as a resident.
Officer Delaney did not process recovered items for fingerprints or check registration of the van; Fernandez’s family submitted affidavits claiming Fernandez lived elsewhere and was in Wisconsin during May 14–15.
Fernandez was convicted after a 2014 bench trial of possession with intent to deliver heroin and eight counts of unlawful possession of a weapon by a felon; he was sentenced to concurrent terms (17 and 7 years). The appellate court reversed for insufficient evidence of constructive possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: constructive possession of heroin and weapons recovered at Keating	Evidence of keys on Fernandez, his identification and photos in bedroom, matching ammunition, and his known drug activity supports knowledge and control	No proof Fernandez resided at Keating or was ever inside on relevant dates; contraband was hidden (under mattress and under van hood); keys alone, without more, are insufficient	Reversed: evidence insufficient to prove constructive possession; reasonable doubt as to knowledge and exclusive control
Entitlement to Franks hearing (challenge to warrant affidavit)	Warrant affidavit contained potentially false statements warranting a Franks hearing	Informant appeared before the judge issuing the warrant; defendant’s affidavits did not necessarily refute informant’s statements	Not reached on merits because convictions reversed on sufficiency; trial court had denied hearing and appellate court did not decide Franks issue

Franks v. Delaware, 438 U.S. 154 (1978) (framework for challenging truthfulness of search-warrant affidavits)
People v. Beauchamp, 241 Ill. 2d 1 (Ill. 2011) (standard for reviewing sufficiency of the evidence)
People v. McCarter, 339 Ill. App. 3d 876 (Ill. App. Ct. 2003) (circumstantial evidence often supplies constructive-possession proof)
People v. McLaurin, 331 Ill. App. 3d 498 (Ill. App. Ct. 2002) (discussing circumstantial nature of possession proof)
People v. Lawton, 253 Ill. App. 3d 144 (Ill. App. Ct. 1993) (examples of residency proof: mail, utility bills)
People v. Orta, 361 Ill. App. 3d 342 (Ill. App. Ct. 2005) (keys alone insufficient to show constructive possession)
People v. Williams, 246 Ill. App. 3d 1025 (Ill. App. Ct. 1993) (credibility determinations of witnesses are for the trial court)