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PEOPLE v. ROSS

No. 3-94-0143.

642 N.E.2d 914 (1994)

267 Ill. App.3d 711

205 Ill.Dec. 49

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Susan ROSS, Defendant-Appellee.

Appellate Court of Illinois, Third District.

November 18, 1994.

Attorney(s) appearing for the Case

John X. Braslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Greg McClintock, State's Atty. of Warren County, Monmouth, Lawrence Michael Kaschak (argued), State's Attys. Appellate Prosecutor, Ottawa, for People.

James G. Baber (argued), Stansell, Whit-man & Baber, Monmouth, Susan Ross.

Justice LYTTON delivered the opinion of the court:

Defendant, Susan Ross, was charged with unlawful possession of a controlled substance and filed a pre-trial motion to suppress evidence obtained from her residence under an anticipatory search warrant. The trial court found the warrant invalid under Illinois law and granted the motion to suppress. The State appeals. We affirm.

Facts

The parties stipulated to the facts. On November 5, 1991...

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