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PEOPLE v. CASH

No. 2-08-0245.

922 N.E.2d 1103 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Brandon J. CASH, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 10, 2009.

Attorney(s) appearing for the Case

Philip J. Nicolosi, Winnebago County State's Attorney, Rockford, IL, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, IL, for Appellant.

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Vicki P. Kouros, Office of State Appellate Defender, Elgin, IL, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Brandon J. Cash, was charged with possession with the intent to deliver between 30 and 500 grams of cannabis while within 1,000 feet of a school (720 ILCS 550/5.2(b) (West 2006)). Defendant moved to quash his arrest and suppress the evidence. The circuit court of Winnebago County heard and granted defendant's motion, finding that the brief activation of a police car's emergency lights and siren constituted...

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