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PEOPLE v. BELL

Nos. 5-97-0019, 5-97-0020.

691 N.E.2d 891 (1998)

294 Ill. App.3d 951

229 Ill.Dec. 418

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Dedrick A. BELL, Defendant-Appellee. The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James L. PETERSON, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

March 6, 1998.

Attorney(s) appearing for the Case

Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Attorney, State's Attorneys Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for defendant-appellee.

Justice CHAPMAN delivered the opinion of the court:

Defendants, Dedrick Bell and James Peterson, were charged with separate drug offenses after a confidential source using a concealed tape recorder allegedly purchased drugs from them. The trial court granted the defendants' motions to suppress the recordings based on the lack of State or Federal authorization. The State appeals, contending that the trial court erred by (1) improperly placing the burden of establishing...

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