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PEOPLE v. MALTBIA

No. 3-94-0527.

653 N.E.2d 402 (1995)

273 Ill.App.3d 622

210 Ill.Dec. 497

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Michael MALTBIA, Defendant-Appellee.

Appellate Court of Illinois, Third District.

Rehearing Denied August 18, 1995.

Attorney(s) appearing for the Case

John X. Breslin Deputy Director, State's Attys, Appellate Prosector, Ottawa, William Poncin, State's Atty. Macomb, Lawrence Michael Kaschak, State's Attys. Appellate Prosecutor, Ottawa, for Michael Maltbia.

John A. Carter, Asst. Public Defender, Macomb, Robert Agostinelli Deputy Defender, Office of the State Appellate Defender, Ottawa, for Michael Maltbia.

Justice McCUSKEY delivered the opinion of the court:

The defendant, Michael Maltbia, was arrested and transported to a hospital in Macomb for medical treatment. Hospital personnel discovered illegal drugs on the defendant's person while administering medical treatment to the defendant. No police officers were present during his medical examination.

The defendant was charged with unlawful possession of cannabis (720 ILCS 550/4(b) (West 1992)), unlawful possession...

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