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PEOPLE v. SMITH

Docket No. 2-12-0307.

982 N.E.2d 234 (2012)

2012 IL App (2d) 120307

367 Ill. Dec. 556

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Louis M. SMITH, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 27, 2012.

Attorney(s) appearing for the Case

Michael J. Waller , State's Attorney, of Waukegan ( Lawrence M. Bauer , Edward R. Psenicka , and Scott Jacobson , all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Thomas A. Lilien and Josette Skelnik , both of State Appellate Defender's Office, of Elgin, for appellee.

OPINION

Justice ZENOFF delivered the judgment of the court, with opinion.

¶ 1 Defendant, Louis M. Smith, was charged with unlawful possession of cannabis (720 ILCS 550/4(b) (West 2010)) and unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 2010)). He moved to suppress evidence that the arresting officer obtained after a traffic stop. The trial court granted the motion, holding that the officer's testimony that he smelled the odor...

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