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PEOPLE v. IN RE SEARCH WARRANT

Gen. No. 51,737.

95 Ill. App.2d 479 (1968)

238 N.E.2d 229

People of the State of Illinois, Appellant, v. In the Matter of a Search Warrant Upon the Premises Described as and Located at 5948 West Diversey Avenue, Second Floor Apartment, Chicago, Illinois, Appellee.

Appellate Court of Illinois — First District, Second Division.

May 21, 1968.

Attorney(s) appearing for the Case

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Joseph A. Garlovsky, Assistant State's Attorneys, of counsel) for appellant.

No attorney for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

The trial court granted defendant's motion to suppress the evidence and to quash a search warrant on the grounds that the complaint for search warrant on its face was issued upon evidence secured by illegal eavesdropping. The State appeals, contending that defendant failed to sustain his burden of evidence on the motion to suppress in that no evidence of illegal eavesdropping appears on that face of the complaint...

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