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PEOPLE v. CROFT

No. 2-02-0889.

805 N.E.2d 1233 (2004)

346 Ill. App.3d 669

282 Ill.Dec. 216

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James V. CROFT, Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 9, 2004.

Attorney(s) appearing for the Case

Glen R. Weber, Jo Daviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, and Mark G. Levine (Court-appointed), Office of the State Appellate Defender, Elgin, for James V. Croft.

Justice BOWMAN delivered the opinion of the court:

Defendant, James V. Croft, was charged with the unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)), a Class 4 felony. Defendant filed a motion to quash his arrest and suppress the evidence, asserting that it was obtained through an illegal seizure. The trial court granted defendant's motion, and the State timely appealed. We affirm.

The facts are undisputed. On July 15, 2002, Officer...

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