McIlquham v. State

Upon responding to a call about an unsupervised toddler wandering near an apartment-complex retention pond, Defendant informed the police that he was the child’s father. Defendant consented to police entry into his apartment, and the child’s mother, the leaseholder, consented to a full search. The police officers subsequently discovered contraband in the apartment and charged Defendant with unlawful possession of a firearm by a serious violent felon, neglect of a dependent, dealing marijuana, possessing marijuana, and possession of paraphernalia. Defendant pleaded guilty to the neglect and marijuana-possession counts, and the case proceeded to a trial on the remaining counts. During trial, Defendant filed a motion to suppress evidence found during law enforcement’s pat-down search and subsequent search. The trial court denied the motion. Defendant was acquitted of dealing marijuana but found guilty on the remaining charges. The Supreme Court affirmed the trial court’s denial of Defendant’s motion to suppress, as Defendant consented to police entering the apartment, Defendant’s movements justified a pat-down, and the mother gave her consent to search the rest of the apartment. View "McIlquham v. State" on Justia Law