PEOPLE v. CARLSON

No. 1-99-1660.

729 N.E.2d 858 (2000)

313 Ill. App.3d 447

246 Ill.Dec. 207

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward CARLSON, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

May 9, 2000.


Attorney(s) appearing for the Case

Robert A. Fisher, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, Mary L. Boland, of counsel), for Appellee.


Justice McNULTY delivered the opinion of the court:

In this case we must determine whether the prosecution presented sufficient evidence to justify the seizure of the defendant. We find that a recent decision of the United States Supreme Court controls the resolution of this issue. Following Florida v. J.L., ___ U.S. ___, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), we hold that the evidence derived from the seizure must be suppressed and the conviction reversed...

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