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PEOPLE v. BLAKELY

No. 2-94-1000.

663 N.E.2d 760 (1996)

278 Ill. App.3d 704

215 Ill.Dec. 517

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Charles BLAKELY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

April 3, 1996.

Attorney(s) appearing for the Case

Dallas C. Ingemunson, Kendall County State's Attorney (on brief), Yorkville, William L. Browers, Deputy Director, State's Attorney Appellate Prosecutor (on brief), Elgin, Lisa A. Hoffman, State's Attorney Appellate Prosecutor (on brief), Elgin, for the People.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender (Court-appointed and on brief), Elgin, Colleen M. Chang, Office of the State Appellate Defender (Court-appointed), Elgin, Barbara R. Paschen, Office of the State Appellate Defender (Court-appointed and on brief), Elgin, for Charles Blakely.

Justice DOYLE delivered the opinion of the court:

The State appeals the order of the trial court suppressing the evidence of marijuana found during a search of an automobile driven by defendant, Charles Blakely. The issue on appeal is whether, incident to a valid arrest, a police officer may search behind an unsecured car stereo. We reverse and remand.

Defendant was charged by information with unlawful possession of cannabis (720 ILCS 550/4(c) (West 1994)...

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