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PEOPLE v. DAMIAN

No. 5-06-0026.

873 N.E.2d 1 (2007)

374 Ill. App.3d 941

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Thomas DAMIAN, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted August 14, 2007.

Opinion Filed August 14, 2007.

Attorney(s) appearing for the Case

Stephen E. Norris, Deputy Director, Kevin D. Sweeney, Staff Attorney, State's Attorneys Appellate Prosecutor, Mt. Vernon, Ralph E. Fowler II, Assistant State's Attorney, Effingham, for Appellant.

Lou J. Viverito, Taylor Law Offices, P.C., Effingham, for Appellee.

Justice STEWART delivered the opinion of the court:

The plaintiff, the People of the State of Illinois (State), appeals the order of the circuit court of Effingham County granting the motion to suppress evidence filed by the defendant, Thomas Damian. We reverse and remand.

BACKGROUND

At the hearing on the motion to suppress, the only witness offered by either party was the arresting officer, Trooper Chad Smith (Smith) of the Illinois State Police...

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