PEOPLE v. SPANN

No. 2-91-0685.

604 N.E.2d 1138 (1992)

237 Ill. App.3d 705

178 Ill.Dec. 615

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Ricardo SPANN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 8, 1992.


Attorney(s) appearing for the Case

Gary V. Johnson Kane County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, John X. Breslin, Deputy Dir., State's Atty. Aplt. Prosecutor, Ottawa, Michael B. Levy, Chicago, for People.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, George W. Chabalewski, Public Defender of Kane County, Geneva, Kathleen J. Hamill, Office of the State Appellate Defender, Anne S. Quincy, Elgin, for Ricardo Spann.


Justice McLAREN delivered the opinion of the court:

The State appeals the order of the circuit court granting the motion of defendant, Ricardo Spann, to quash his arrest. The issues on appeal are whether the police had grounds to stop and frisk defendant and whether the police had probable cause to believe a bag concealed in defendant's pocket contained contraband.

A grand jury indicted defendant for the possession of a controlled substance (Ill. Rev.Stat...

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