Appellate Court of Illinois· 8/31/1981

People v. McNeely

Citations

426 N.E.2d 296
99 Ill. App. 3d 1021
55 Ill. Dec. 321
1981 Ill. App. LEXIS 3262

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that constructive possession is present when defendant has intent and capability to maintain control and possession of the contraband, and is aware of presence of contraband
finding control where the defendant was the driver, but not the owner, of the vehicle
inference of knowledge supported where bag containing contraband was partially visible from under the vehicle’s seat
fact defendant was the driver, even when he had one passenger, was enough to demonstrate immediate and exclusive control of the area where the weapon was found
Where the defendant is the driver of the vehicle even in cases where there is a lone passenger, he will have immediate and exclusive control of the inside of the automobile
“because the defendant was the driver of the vehicle, and because he had merely a lone passenger, defendant had immediate and exclusive control of the inside of the automobile” for purposes of constructive possession of methaqualone recovered from under the front passenger’s seat

Source: CourtListener parenthetical corpus (CC0).

Judges: Green

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14 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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