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PEOPLE v. BAILEY

No. 2-91-0261.

617 N.E.2d 484 (1993)

247 Ill. App.3d 611

187 Ill.Dec. 276

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Brian BAILEY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

July 23, 1993.

Attorney(s) appearing for the Case

James E. Ryan, Du Page County State's Atty., Barbara A. Preiner, Supervisor of Appeals, Du Page Co. State's Atty's Office, Wheaton, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Cynthia N. Schneider, State's Atty. Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Elgin, Paul J. Glaser, Office of State Appellate Defender, Elgin, for Brian Bailey.

Justice McLAREN delivered the opinion of the court:

In December 1989, defendant, Brian Bailey, was indicted for the offense of unlawful possession of a controlled substance, that is, less than 15 grams of a substance containing cocaine (Ill.Rev.Stat.1987, ch. 56½, par. 1402(b) (now 720 ILCS 570/402(c) (West 1992)). The trial court granted defendant's motion to suppress evidence found during the search of the passenger compartment of his automobile subsequent...

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