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PEOPLE v. EVANS

No. 2-99-0476.

734 N.E.2d 137 (2000)

314 Ill. App.3d 985

248 Ill.Dec. 429

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Joseph M. EVANS, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied August 25, 2000.

Attorney(s) appearing for the Case

Gary W. Pack, McHenry County State's Attorney, Woodstock, Martin P. Moltz, Deputy Director, Richard S. London, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Josette Skelnik, Law Offices of Josette Skelnik, Elgin, for Joseph M. Evans.

Justice COLWELL delivered the opinion of the court:

The State appeals the order of the circuit court of McHenry County suppressing as evidence cocaine seized from the briefcase of defendant, Joseph M. Evans. The State contends that the police officer's warrantless search of the briefcase was justified as (a) an inventory search of a detainee, (b) a search incident to arrest, and (c) a consent search. Because we believe the cocaine was seized pursuant to a valid inventory...

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