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PEOPLE v. STRAUSS

No. 85-1381.

151 Ill. App.3d 191 (1986)

502 N.E.2d 1287

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RICHARD STRAUSS, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied January 26, 1987.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry and Paula Carstensen, Assistant State's Attorney, of counsel), for the People.

Thomas J. Royce and Kent R. Carlson, both of Chicago, for appellee.

Reversed and remanded.

JUSTICE JOHNSON delivered the opinion of the court:

The State appeals from the trial court's order granting the motion to suppress filed by defendant, Richard Strauss. The State makes the following arguments: (1) the provisions of Thoroughbred Rule 322 and Harness Rule 25-19, which authorized warrantless searches of racetrack licensees, are constitutionally permissible under the administrative-search exception to the fourth amendment...

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