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PEOPLE v. POLK

No. 80-561.

95 Ill. App.3d 875 (1981)

420 N.E.2d 816

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. STEVE POLK, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed April 30, 1981.

Attorney(s) appearing for the Case

John A. Barra, State's Attorney, of Peoria (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

James R. Carter, of Peoria, for appellee.

Reversed and remanded.

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

The defendant, Steve Polk, was charged by complaint with the unlawful use of weapons. (Ill. Rev. Stat. 1979, ch. 38, par. 24-1(a)(10).) He moved to suppress the .22-caliber gun removed from his pocket as the result of a stop and frisk procedure. The trial judge allowed the defendant's motion, and the State brought the instant...

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