In a recent Illinois appellate case, the defendant appealed his conviction for delivery of a controlled substance. On appeal, he argued that the prosecution hadn’t established a proper chain of custody for the drug, even though the parties had stipulated certain things about it, and that the fines, fee order, and mittimus had to be corrected accordingly.
The case arose when the defendant and his codefendant were indicted for delivering more than a gram of heroin under 720 ILCS 570/401(c). The defendant waived a jury trial. At the bench trial, two officers were called as witnesses. The first officer testified he was assigned to the narcotics division of the bureau of organized crime. He was the surveillance officer on the date of the transaction in question, and he sometimes used binoculars to observe what was happening. The second officer was undercover, buying the heroin.
The first officer testified he saw the undercover officer talking to the codefendant and saw the codefendant get into the passenger seat of the undercover vehicle. He followed the undercover vehicle to a residential neighborhood, where it was parked on a corner, and the codefendant got out of the car. The codefendant met the defendant, who was standing on the sidewalk.