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PEOPLE v. STARBUCK

No. 3-04-0376.

831 N.E.2d 636 (2005)

358 Ill. App.3d 234

294 Ill.Dec. 686

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. David P. STARBUCK, Defendant-Appellee.

Appellate Court of Illinois, Third District.

May 19, 2005.

Attorney(s) appearing for the Case

Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, James Glasgow, Will County State's Attorney, Joliet, Richard T. Leonard, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Donald MacNeil, Raymond G. Wigell, Layne C. Marino, Wigell & Associates, Ltd., Matteson, for David P. Starbuck.

Justice LYTTON delivered the Opinion of the court:

Defendant David P. Starbuck was charged with unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)) and unlawful use of a weapon (720 ILCS 5/24-1(a)(4) (West 2002)). The trial court granted defendant's motion to suppress the evidence. On appeal, the State argues that the search of defendant's vehicle was valid under the fourth amendment and the trial court erred in applying the test set forth...

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