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PEOPLE v. HOLLAND

No. 2-03-0800.

826 N.E.2d 622 (2005)

356 Ill. App.3d 150

292 Ill.Dec. 481

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Derek L. HOLLAND, Defendant-Appellee.

Appellate Court of Illinois, Second District.

April 4, 2005.

Attorney(s) appearing for the Case

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, Linda A. Johnson (Court-appointed), Office of the State Appellate Defender, Elgin, for Derek L. Holland.

Justice KAPALA delivered the opinion of the court:

Defendant, Derek Holland, was indicted for unlawful possession of a controlled substance with the intent to deliver (720 ILCS 570/401(c)(2) (West 2002)) and unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). Defendant moved to quash his arrest and suppress the evidence seized (725 ILCS 5/114-12 (West 2002)), and the trial court granted the motion, finding that the officer lacked reasonable...

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