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PEOPLE v. SMITH

No. 2-02-0882.

803 N.E.2d 1074 (2004)

346 Ill. App.3d 146

281 Ill.Dec. 453

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Travis SMITH, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 30, 2004.

Attorney(s) appearing for the Case

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Chelsey Robinson, Maria R. Owens, Owens & Robinson, Chicago, for Travis Smith.

Justice KAPALA delivered the opinion of the court:

Defendant, Travis Smith, was charged by indictment with aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(l), (a)(3)(C) (West 2000)). Defendant moved to quash his arrest and suppress the handgun that was seized from his sleeve, contending that he did not give valid consent for the search of his person. The trial court granted the motion, and the State appeals. We reverse.

I. FACTS

The following...

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