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PEOPLE v. POSEY

No. 80-456.

99 Ill. App.3d 943 (1981)

426 N.E.2d 209

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. WILLIAM JOHN POSEY, a/k/a Jim Scorpione, a/k/a Jim Santini, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Supplemental opinion filed on denial of rehearing September 25, 1981.

Attorney(s) appearing for the Case

Robert W. Matoush, State's Attorney, of Salem (Martin N. Ashley, Gillum Ferguson, and Stephen E. Norris, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

John H. Reid and Randy E. Blue, both of State Appellate Defender's Office, of Mt. Vernon, for appellee.

Reversed and remanded.

Mr. JUSTICE WELCH delivered the opinion of the court:

The State appeals from an order of the Circuit Court of Marion County suppressing the use at trial of certain evidence seized from a Texas motel room occupied by the defendant. At issue are the scope and voluntary character of the consent to search given to F.B.I. agents by defendant's girl friend and co-occupant of the motel room.

In the evening of February 11, 1980, William...

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