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PEOPLE v. SMITH

No. 56382.

95 Ill.2d 412 (1983)

447 N.E.2d 809

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. RICHARD E. SMITH, Appellee.

Supreme Court of Illinois.

Opinion filed March 25, 1983.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Bruce W. Black, State's Attorney, of Pekin (Michael B. Weinstein and Ronald Lee Bell, Assistant Attorneys General, of Chicago, and John X. Breslin and Gary F. Gnidovec, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Verlin R.F. Meinz, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE SIMON delivered the opinion of the court:

The issue here is whether a deputy sheriff's warrantless search of a small closed box found in the defendant's motor vehicle violated the warrant requirements of the State (Ill. Const. 1970, art. I, sec. 6) and Federal (U.S. Const., amends. IV, XIV) constitutions. The sheriff found cocaine and cannabis inside the box, and the defendant, Richard E. Smith, was...

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