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PEOPLE v. GOEKING

No. 2-01-1358.

780 N.E.2d 829 (2002)

335 Ill. App.3d 321

269 Ill.Dec. 357

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Erin N. GOEKING, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 6, 2002.

Attorney(s) appearing for the Case

Douglas P. Floski, State's Attorney, of Oregon (Martin P. Moltz and Marshall M. Stevens, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Robert T. Hanson, of Moehle, Smith, Nieman, Hanson & Hahn, P.C., of Mt. Morris, for appellee.

Justice McLAREN delivered the opinion of the court:

Defendant, Erin Goeking, was charged with possession of drug paraphernalia (720 ILCS 600/3.5 (West 2000)) following a search of her car. The State appeals the trial court's order granting defendant's motion to quash her arrest and suppress the evidence, contending that defendant validly consented to the search.

Troy Kindle, a Polo police officer, was on patrol when he saw defendant's car parked on the wrong...

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