PEOPLE v. GREENE

No. 2-96-0215.

682 N.E.2d 354 (1997)

289 Ill. App.3d 796

224 Ill.Dec. 793

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Powell B. GREENE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 30, 1997.


Attorney(s) appearing for the Case

Michael P. Bald, Stephenson County State's Attorney, Freeport, John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Marshall M. Stevens, State's Attorneys Appellate Prosecutor, Elgin, and John X. Breslin, Deputy Director, Rita Kennedy Mertel, Staff Attorney, State's Attorneys Appellate Prosecutor, Ottawa, for People of State of Illinois.

Jeffrey A. Kline, Rockford, for Powell B. Greene.


Justice INGLIS delivered the opinion of the court:

The State appeals the trial court's order suppressing the evidence of cannabis found during a search under defendant's sofa cushion. The issues on appeal are whether: (1) the police officer was permitted to enter defendant's porch and house to determine whether someone inside was in need of emergency aid, following a 911 hang-up call; and (2) once inside, the police officer was justified in searching under defendant...

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