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PEOPLE v. EICHELBERGER

No. 54870.

91 Ill.2d 359 (1982)

438 N.E.2d 140

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JAMES EICHELBERGER, Appellee.

Supreme Court of Illinois.

Opinion filed June 18, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and James R. Benson, State's Attorney, of Paxton (Michael B. Weinstein and Ellen M. Flaum, Assistant Attorneys General, of Chicago, and Robert J. Biderman and Denise M. Paul, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, and Gary S. Rapaport, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.

Appellate court reversed; circuit court affirmed.

CHIEF JUSTICE RYAN delivered the opinion of the court:

Defendant, James Eichelberger, was charged by information in the circuit court of Ford County with possession of less than 30 grams of a substance containing lysergic acid diethylamide (LSD). (Ill. Rev. Stat. 1979, ch. 56 1/2, par. 1402(b).) Defendant filed a motion to suppress evidence which had been taken from him following his warrantless arrest by Paxton...

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