IL: Def’s personal relationship to premises to be searched is relevant and has to be viewed in the context of the totality

Nexus for the premises was shown in the search warrant affidavit. Defendant’s personal relationship to the premises is relevant and has to be evaluated in context of the totality. On sufficiency of the evidence, however, defendant’s conviction is reversed for lack of proof of constructive possession. People v. Davis, 2021 IL App (3d) 180146, 2021 Ill. App. LEXIS 467 (Aug. 27, 2021)*:

We are further mindful that defendant attacks the decision granting permission to search the residence but does not challenge that portion of the document allowing law enforcement to search defendant’s person. On appeal, defendant conflates the different considerations unique to each type of permitted search. Here, based on the issue defendant has presented for our review, we focus on whether probable cause was established to support the view that certain items or particular evidence of criminal activities, as identified in the sworn complaint, were likely to be present at 1526 W. Smith Street at the time the search warrant was granted. Defendant’s personal relationship to the residence, while relevant, must be evaluated in the context of many considerations and should not be evaluated in isolation.