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PEOPLE v. BAILEY

No. 105457.

903 N.E.2d 409 (2009)

232 Ill.2d 285

The PEOPLE of the State of Illinois, Appellee, v. George K. BAILEY, Appellant.

Supreme Court of Illinois.

February 5, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Elgin, and James K. Leven, Chicago, both of the Office of State Appellate Defender, for appellant.

Lisa Madigan, Attorney General, Springfield, Paul A. Logli, State's Attorney, Rockford (Michael A. Scodro, Solicitor General, Michael M. Glick and Katherine D. Saunders, Assistant Attorneys General, Chicago, of counsel), for the People.

OPINION

Justice BURKE delivered the judgment of the court, with opinion:

Section 12-603.1(f) of the Illinois Vehicle Code (625 ILCS 5/12-603.1(f) (West 2004)) and section 108-1(3) of the Code of Criminal Procedure of 1963 (725 ILCS 5/108-1(3) (West 2004)) both provide that a law enforcement officer may not "search or inspect" a passenger in a motor vehicle solely because the passenger has failed to comply with the seat belt statute (625 ILCS 5/12-603.1(a...

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