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PEOPLE v. MOSS

No. 5-03-0210.

820 N.E.2d 518 (2004)

353 Ill. App.3d 663

289 Ill.Dec. 742

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Winifred L. MOSS, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

October 22, 2004.

Attorney(s) appearing for the Case

Rod Wolf, State's Attorney, Harrisburg; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharon Shanahan, Staff Attorney, Office of the State's Attorneys, Appellate Prosecutor, Mt. Vernon, for Appellant.

Daniel M. Kirwan, Deputy Defender, Elaine M. Belcher, Attorney Applicant, Office of the State Appellate Defender, Fifth Judicial District, Mt. Vernon, for Appellee.

Justice DONOVAN delivered the opinion of the court:

Defendant, Winifred L. Moss, was arrested for possession of a controlled substance. Defendant filed a motion to suppress evidence, which the circuit court of Saline County granted. The State appeals pursuant to Supreme Court Rule 604(a)(1) (188 Ill.2d R. 604(a)(1)). We affirm.

On November 8, 2002, at approximately 4 p.m., Illinois Secretary of State Police Investigator Lowe stopped a truck driven by John...

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