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PEOPLE v. DeRUSHA

No. 78-1544.

74 Ill. App.3d 641 (1979)

393 N.E.2d 619

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DOUGLAS DeRUSHA, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed July 24, 1979.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Paul C. Gridelli, and Wesley H.H. Ching, Assistant State's Attorneys, of counsel), for the People.

Stephen R. Kramer, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE PERLIN delivered the opinion of the court:

The State appeals from an order suppressing evidence against defendant, Douglas DeRusha, who had been charged with possession of a sawed-off shotgun. (Ill. Rev. Stat. 1977, ch. 38, par. 24-1(a)(7).) The State contends that the police acted properly in seizing the weapon under the automobile exception to warrantless searches and because...

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