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PEOPLE v. LOGSDON

No. 5-88-0811.

567 N.E.2d 746 (1991)

208 Ill. App.3d 989

153 Ill.Dec. 788

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Barbara LOGSDON, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

February 25, 1991.

Attorney(s) appearing for the Case

Don Sheafor, State's Atty., Vandalia, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Matthew E. Franklin, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellant.

Daniel M. Kirwan, Deputy Defender, E. Joyce Randolph, Asst. Defender, Office of the State Appellate Defender, Mount Vernon, for defendant-appellee.

Presiding Justice RARICK delivered the opinion of the court:

The State appeals from the order of the circuit court of Fayette County granting the motion of defendant, Barbara Logsdon, to suppress evidence illegally seized. The question presented is whether a police officer who enters a house with the consent of the owner, sees marijuana and then leaves the house to call for backup and a search warrant, may reenter the house without a warrant to seize the marijuana...

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