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PEOPLE v. NIELSEN

No. 61032.

37 Ill. App.3d 1064 (1976)

347 N.E.2d 508

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ERIC NIELSEN, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed April 19, 1976.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Michael E. Shabat, and Linda Ann Miller, Assistant State's Attorneys, of counsel), for the People.

Thomas E. Holum, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE BURKE delivered the opinion of the court:

Eric Nielsen was charged with possession of marijuana in violation of section 4 of the Cannabis Control Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 704). Prior to trial, the defendant moved to suppress the evidence, and after a hearing the court granted the defendant's motion. The State appeals, contending that there was probable cause to make the search which uncovered the suppressed...

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