In re K.A.
Illinois Appellate Court
682 N.E.2d 1233 (1997)
Police found K.A. (defendant), a minor, standing near locations where concealed bags of cocaine were later discovered in a derelict, poorly secured apartment known to be used for storing and distributing drugs by many different individuals; K.A. had no cocaine on his person, no fingerprints were found on the bags, and there was no evidence he owned, rented, lived in, or had been in the apartment for more than a few minutes. K.A. tried to flee when police arrived and gave a suspicious explanation for his presence, and the trial court adjudicated him a delinquent minor for possession with intent to distribute; K.A. appealed.
Whether a finder of fact may infer a minor's constructive possession of concealed illegal drugs based on his mere presence in an apartment known for drug activity, when there is no evidence he owned, rented, lived in, or exclusively controlled the premises.