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PEOPLE v. BERG

No. 48710.

67 Ill.2d 65 (1977)

364 N.E.2d 880

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. LEON BERG et al., Appellees.

Supreme Court of Illinois.

Opinion filed June 1, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, of Chicago, and Laurence J. Bolon and Myra J. Brown, Assistant State's Attorneys, of counsel), for the People.

Albert Brooks Friedman, Ltd., of Chicago, for appellees Leon Berg and Burton B. Levitz.

James J. Doherty, Public Defender, of Chicago (Dennis E. Urban, Richard D. Kharas, and Ronald P. Alwin, Assistant Public Defenders, of counsel), for appellees Larnell Lowery and James Smith.

Vacated and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

Defendants, Larnell Lowery, James Smith, Leon Berg and Burton B. Levitz, were charged with the theft of 61 water meters. An order of the Cook County circuit court, affirmed by the First District Appellate Court (39 Ill.App.3d 455), suppressed certain evidence (water meters) as the product of an illegal prearrest search, and quashed Lowery...

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