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PEOPLE v. BAILEY

Nos. 75994, 76036.

639 N.E.2d 1278 (1994)

159 Ill.2d 498

203 Ill.Dec. 459

The PEOPLE of the State of Illinois, Appellee, v. Brian BAILEY, Appellant. The PEOPLE of the State of Illinois, Appellant, v. James WIEST et al., Appellees.

Supreme Court of Illinois.

August 4, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul J. Glaser, Asst. Defender, Office of the State Appellate Defender, Elgin, for appellant.

Roland W. Burris, Atty. Gen., Springfield, and James E. Ryan, State's Atty., Wheaton (Norbert J. Goetten, William L. Browers, Deputy Director, Gregory L. Slovacek, Staff Attorney, and Cynthia N. Schneider, Staff Attorney, Office of State's Attys. Appellate Prosecutor, Elgin, of counsel), for the People in No. 75994.

Roland W. Burris, Atty. Gen., Springfield, and Charles W. Roddick, State's Atty., Galena (Norbert J. Goetten, William L. Browers, Deputy Director, and Gregory L. Slovacek, Staff Attorney, Office of State's Attys. Appellate Prosecutor, Elgin, of counsel), for the People in No. 76036.

G. Joseph Weller, Deputy Defender, and Paul J. Glaser, Asst. Defender, Office of State Appellate Defender, Elgin, for appellee James R. Wiest.

Philip F. Jensen and David C. Rashid, Galena, for appellee Daniel J. Mausser.

Justice FREEMAN delivered the opinion of the court:

At issue is whether the automobile search in each of these two consolidated appeals was a valid search incident to arrest pursuant to New York v. Belton (1981), 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768. We uphold the search in each case.

BACKGROUND

In cause No. 75994, a Downers Grove police officer stopped an automobile driven by defendant, Brian Bailey...

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