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PEOPLE v. MILES

No. 4-02-0624.

798 N.E.2d 1279 (2003)

343 Ill. App.3d 1026

278 Ill.Dec. 522

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Johnnie C. MILES, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

October 29, 2003.

Attorney(s) appearing for the Case

Frank Young, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Charles M. Schiedel, Deputy Defender (Court-appointed), Duane E. Schuster, Assistant Defender, Office of the State Appellate Defender, Springfield, for Johnnie Miles.

Justice APPLETON delivered the opinion of the court:

Defendant, Johnnie C. Miles, moved to suppress the State's evidence against him because the police had acquired it by violating the fourth amendment (U.S. Const., amend.XIV). After an evidentiary hearing, the trial court granted the motion. The State appeals, arguing that by requesting identification from defendant, a passenger in a car legally stopped for a traffic violation, the police did not violate the fourth...

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