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PEOPLE v. KIPFER

No. 2-03-0631.

824 N.E.2d 1246 (2005)

356 Ill. App.3d 132

291 Ill.Dec. 996

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard L. KIPFER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 10, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Jack Hildebrand (Court-appointed), Office of the State Appellate Defender, Elgin, for Richard L. Kipfer.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Lawrence M. Bauer, Deputy Director, Joseph S. Mikula, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice KAPALA delivered the opinion of the court:

Defendant, Richard L. Kipfer, appeals the circuit court of Du Page County's denial of his motion to quash arrest and suppress evidence and his subsequent conviction of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). We conclude that the arresting police officer did not have a reasonable, articulable suspicion that defendant was about to commit a crime sufficient to justify an investigative...

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