People v. Terrell, 76 N.E.3d 817

Police executed a search warrant at a first-floor apartment at 6809 S. Laflin on Jan. 17, 2013; the front door had a locked scissor gate and the rear door was barricaded. Lessee Edward McDaniel answered the door.
Officers found a large hidden motorized trap in a hallway closet containing firearms, ammunition, scales, currency, mixing containers, and suspected cannabis; weapons and other contraband were recovered from that concealed compartment.
Items bearing Terrell’s name (two prescription bottles, an adult probation card) and a framed photo and passport of Terrell were found in the living/dining areas; two large duffle bags with men’s clothing (size consistent with Terrell) were on a china cabinet.
Terrell was observed sitting in his pickup truck parked near the apartment, was brought into the apartment and searched (no contraband found on his person); he later consented to a search of the truck which revealed an empty hidden compartment similar in construction to the apartment trap.
Terrell was convicted following a bench trial of possession with intent to deliver (controlled substance and cannabis) and 11 counts of unlawful possession of a weapon by a felon; he appealed claiming insufficient evidence of constructive possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove constructive possession of drugs and weapons found in hidden trap	The presence of Terrell’s personal items (prescription bottles, probation card, passport), framed photo, large clothing in the apartment, plus his truck with a similar hidden compartment, establish habitation/control and support constructive possession	The contraband was concealed in a locked/hidden trap; no drugs or paraphernalia were found on Terrell or in his truck; no proof Terrell lived at or had exclusive control of the apartment	Reversed — evidence insufficient to prove Terrell knew of or exercised immediate and exclusive control over the hidden contraband
Other claims (admission of probation card; ineffective assistance)	State defended trial rulings	Terrell raised evidentiary and counsel claims on appeal	Not reached due to reversal on sufficiency grounds

Beauchamp v. People, 241 Ill. 2d 1 (Ill. 2011) (standard for reviewing sufficiency of the evidence)
Hunter v. People, 2013 IL 114100 (Ill. 2013) (constructive possession defined as control of area containing contraband)
Cunningham v. People, 309 Ill. App. 3d 824 (Ill. App. 1999) (facts supporting habitation and constructive possession)
Givens v. People, 237 Ill. 2d 311 (Ill. 2010) (drugs in plain view near bed supported joint possession)
Walton v. People, 221 Ill. App. 3d 782 (Ill. App. 1991) (vehicle ownership and paraphernalia can support constructive possession)
Ray v. People, 232 Ill. App. 3d 459 (Ill. App. 1992) (presence near contraband, without more, may be insufficient)
In re K.A., 291 Ill. App. 3d 1 (Ill. App. 1997) (hidden contraband undercuts inference of knowledge)
Love v. People, 404 Ill. App. 3d 784 (Ill. App. 2010) (distinction between actual and constructive possession)
McCarter v. People, 339 Ill. App. 3d 876 (Ill. App. 2003) (constructive possession often established through circumstantial evidence)