People v. Elders

1 Citing case

  1. Hicks v. Poppish

    Case No.: 09-CV-3514 (N.D. Ill. Aug. 25, 2011)   Cited 1 times

    Rather, "proof of constructive possession of the gun by [a] defendant is sufficient." Id.; see also People v. Elders, 380 N.E.2d 10, 15 (Ill. App. Ct. 5th Dist. 1978). To establish that a person is in constructive possession of a firearm, the State must prove: "(1) that defendant had knowledge of the presence of the weapon; and (2) that defendant exercised immediate and exclusive control over the area when the weapon was found."