People v. Kelver

2 Citing cases

  1. People v. Moser

    356 Ill. App. 3d 900 (Ill. App. Ct. 2005)   Cited 32 times
    In People v. Moser, 356 Ill. App. 3d 900, 909, 293 Ill.Dec. 230, 827 N.E.2d 1111 (2005), this court held that where "the informant has appeared before the issuing judge, the informant is under oath, and the judge has had the opportunity to personally observe the demeanor of the informant and assess the informant's credibility, additional evidence relating to informant reliability is not necessary."

    There are no rigid rules for determining whether officers have allowed a sufficient period of time to elapse before entering a building to execute a search warrant. People v. Kelver, 258 Ill. App. 3d 153, 156 (1994). Illinois has no statutory requirement that officers must knock and announce their authority, and the failure of police to do so is not a constitutional violation per se. People v. Saechao, 129 Ill. 2d 522, 531 (1989).

  2. People v. Carson

    2015 Ill. App. 3d 130866 (Ill. App. Ct. 2015)

    "This court will defer to the trial court's determination of the credibility of the witnesses and its resolution of the conflicts in the testimony." People v. Kelver, 258 Ill. App. 3d 153, 155 (1994). ΒΆ 41 Woods's proposed testimony does not refute the reasonable conclusion that defendant unlawfully possessed a substance containing Fentanyl. While Woods's testimony would have suggested that possibly someone other than defendant was tampering with the patches, such an inference does not rule out that defendant was also tampering with the patches. The trial court expressly recognized this fact.