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PEOPLE v. ERBY

No. 5-06-0217.

874 N.E.2d 588 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John H. ERBY IV, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

August 24, 2007.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Paige Clark Strawn, Assistant Defender, Office of the State Appellate Defender, Fifth Judicial District, Mt. Vernon, IL, for Appellant.

Charles Garnati, State's Attorney, Williamson County Courthouse, Marion, IL, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.

Justice GOLDENHERSH delivered the opinion of the court:

After a bench trial in the circuit court of Williamson County, defendant, John H. Erby IV, was found guilty of participation in methamphetamine manufacturing (720 ILCS 646/15(a)(2)(A) (West Supp.2005)). Defendant appeals the denial of his motion to suppress. On appeal, the issue is whether a police officer patrolling outside his jurisdiction used the powers of his office to obtain evidence when his ability to...

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