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PEOPLE v. POWELL

Nos. 2-03-0751, 2-03-0752.

812 N.E.2d 636 (2004)

349 Ill.App.3d 906

285 Ill.Dec. 816

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Mark POWELL, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. 1998 Dodge Durango SLT, Defendant Mark Powell, Claimant-Appellee.

Appellate Court of Illinois, Second District.

June 28, 2004.

Attorney(s) appearing for the Case

Meg Gorecki, Kane County State's Attorney, Mary Katherine Moran, Special Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Catherine A. Voigt, Glen Ellyn, for the People in No. 2-03-0751.

Jason R. Epstein, Law Offices of Jason R. Epstein, Chicago, for Mark Powell in No. 2-03-0751.

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Catherine A. Voigt, Glen Ellyn, for the People in No. 2-03-0752.

Fred M. Dry, Jason R. Epstein, Law Offices of Jason R. Epstein, Chicago, for 1998 Dodge Durango, Mark Powell in No. 2-03-0752.

Justice McLAREN delivered the opinion of the court:

In case No. 01-CF-3050, defendant, Mark Powell, was charged with two counts of indecent solicitation of a child (720 ILCS 5/11-6(a) (West 2000)). In case No. 02-MR-41, the State filed a complaint for the forfeiture of defendant's 1998 Dodge Durango SLT, alleging that defendant used it in committing the solicitation offenses (720 ILCS 5/36-1 et seq. (West 2000)). In each case, defendant moved to suppress the...

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