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PEOPLE v. LEACH

Nos. 2-90-0998, 2-90-1407.

612 N.E.2d 825 (1993)

245 Ill. App.3d 644

183 Ill.Dec. 898

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Russell E. LEACH, Defendant-Appellee (Hosie Thurman et al., Defendants). The PEOPLE of the State of Illinois, Defendant-Appellant, v. Russell E. LEACH, Defendant-Appellee (Hosie Thurman et al., Defendants).

Appellate Court of Illinois, Second District.

January 8, 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, Gregory L. Slovacek, State's Attys. Appellate Prosecutor, Elgin, John X. Breslin, Deputy Dir., State's Atty. Appellate Prosecutor, Nancy Rink Carter, State's Attys. Appellate Prosecutor, Ottawa, for people.

Raymond Myles, Chicago, G. Joseph Weller, Deputy Defender, Paul J. Glaser, Office of State Appellate Defender, for Russell Leach.

Presiding Justice INGLIS delivered the opinion of the court:

In consolidated appeals, the State asks us to reverse trial court orders granting motions by defendant, Russell Leach, to quash his arrest and suppress evidence. We hold that (1) we lack jurisdiction to hear the State's appeal in case No. 2-90-1407 (trial court No. 90-CF-2011); (2) the trial court did not manifestly err in concluding that the warrantless arrest of defendant inside his home was unconstitutional...

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