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PEOPLE v. BECKTEL

No. 84-0509.

137 Ill. App.3d 810 (1985)

485 N.E.2d 474

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DONALD P. BECKTEL, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed November 1, 1985.

Attorney(s) appearing for the Case

Dennis Schumacher, State's Attorney, of Oregon (Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of Elgin, and John X. Breslin and Raymond L. Beck, both of State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

G. Joseph Weller and Marshall Hartman, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

JUSTICE STROUSE delivered the opinion of the court:

The State appeals from an order of the circuit court of Ogle County which suppressed as evidence a quantity of marijuana seized following a search of the house and garden occupied by defendant, Donald P. Becktel. The State challenges the trial court's ruling as manifestly erroneous, asserting that defendant lacked standing to contest the search and seizure, and that police conduct was...

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