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PEOPLE v. LEE

Nos. 82-49, 82-50 cons.

109 Ill. App.3d 870 (1982)

441 N.E.2d 403

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CHARLES E. LEE, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed October 19, 1982.

Attorney(s) appearing for the Case

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

Robert Agostinelli and Stephen H. Omolecki, both of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

PRESIDING JUSTICE BARRY delivered the opinion of the court:

The State appeals from the order of the circuit court of Peoria County granting the defendant's, Charles E. Lee's, motion to suppress physical evidence seized and statements made following his arrest.

At 2 a.m. on October 29, 1981, Peoria police officer Dwight Borneman was patrolling the area of Madison and Sloan Streets in Peoria in his marked police car. Although he...

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