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PEOPLE v. WEBER

No. 80-566.

98 Ill. App.3d 631 (1981)

424 N.E.2d 874

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES E. WEBER, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed July 28, 1981.

Attorney(s) appearing for the Case

Gary L. Peterlin, State's Attorney, of Ottawa (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Robert Agostinelli and G. Joseph Weller, both of State Appellate Defender's Office, of Ottawa, for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE SCOTT delivered the opinion of the court:

This matter is before us for consideration a second time. In the first instance, we determined that the defendant, James E. Weber, possessed the legal standing necessary to contest the constitutionality of a police search under the fourth and fourteenth amendments. (People v. Weber (1980), 80 Ill.App.3d 1025,

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