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PEOPLE v. SCHMITT

No. 4-03-0445.

806 N.E.2d 1257 (2004)

346 Ill. App.3d 1148

282 Ill.Dec. 669

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James A. SCHMITT, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

March 30, 2004.

Attorney(s) appearing for the Case

Scott Rueter, State's Attorney, Decatur, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Charles F. Mansfield, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Steven Skelton, Steven Skelton, P.C., Bloomington, for James A. Schmitt.

Justice APPLETON delivered the opinion of the court:

The State charged defendant, James A. Schmitt, with various drug offenses, but the trial court granted in part his motion to quash his arrest and suppress the evidence against him. Having filed a certificate of impairment, the State appeals, arguing the police had probable cause to stop and search the truck Schmitt was driving. Because we agree with the State, we reverse the quashing of Schmitt's arrest and the...

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