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PEOPLE v. LUPTON

No. 5-87-0726.

178 Ill. App.3d 1 (1988)

532 N.E.2d 872

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DEAN E. LUPTON, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed December 2, 1988.

Attorney(s) appearing for the Case

Gregory Grigsby, State's Attorney, of Taylorville (Kenneth R. Boyle, Stephen E. Norris, and Matthew E. Franklin, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Thomas W. Lacy, of Taylorville, for appellee.

Reversed and remanded.

JUSTICE CALVO delivered the opinion of the court:

On July 25, 1987, Dean Lupton was arrested and charged in the circuit court of Christian County for the offenses of driving under the influence, driving while license revoked, and illegal transportation of alcohol. Lupton moved to quash the arrest on grounds that the officer had no probable cause to stop him. After an evidentiary hearing, the court granted the defendant's motion and dismissed...

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