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PEOPLE v. SMITH

No. 5-89-0064.

566 N.E.2d 939 (1991)

208 Ill. App.3d 44

153 Ill.Dec. 89

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Charles E. SMITH, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

February 1, 1991.

Attorney(s) appearing for the Case

Charles Grace, State's Atty., Murphysboro, 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, Mary M. Menard, Asst. Defender, Office of the State Appellate Defender, Mount Vernon, for defendant-appellee.

Justice GOLDENHERSH delivered the opinion of the court:

The People appeal the in limine ruling of the circuit court of Jackson County suppressing evidence illegally obtained. Although a number of issues are raised, this court finds the underlying issues to be whether the original Terry stop (Terry v. Ohio (1968), 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889) of defendant, Charles E. Smith, was valid, and whether the...

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