PEOPLE v. COLYAR

No. 1-09-0323.

941 N.E.2d 479 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Michael COLYAR, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

December 30, 2010.


Attorney(s) appearing for the Case

Anita Alvarez , State's Attorney, County of Cook, James E. Fitzgerald , Miles J. Keleher , Ugo H. Buzzi , Assistant State's Attorneys, Chicago, for Plaintiff-Appellant.

Algis F. Baliunas , Orland Park, for Defendant-Appellee.


Presiding Justice GARCIA delivered the opinion of the court.

The State appeals the circuit court's order granting defendant Michael Colyar's motion to suppress bullets and a gun seized from the defendant's car. The State argues that after the officers saw a bullet in plain view inside the defendant's car, they reasonably believed the bullet indicated the presence of a gun; thus, the officers acted lawfully in ordering the defendant and his passengers out of the car...

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