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PEOPLE v. CARLSON

No. 2-96-0307.

679 N.E.2d 791 (1997)

287 Ill. App.3d 700

223 Ill.Dec. 340

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Jodi Kae CARLSON, Defendant-Appellee.

Appellate Court of Illinois, Second District.

April 28, 1997.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Attorney, St. Charles, John X. Breslin, Deputy Director, Cynthia N. Schneider, State's Attorneys Appellate Prosecutor, Elgin, for People Of The State of Illinois.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Elgin, Paul Alexander Rogers, Office of the State Appellate Defender, Court Appointed, Elgin, for Jodi Kae Carlson.

Kathleen Colton, Batavia, for Appellee.

Justice THOMAS delivered the opinion of the court:

The State appeals an order suppressing evidence recovered during a search that was executed pursuant to an anticipatory search warrant. The evidence recovered in the search resulted in the arrest of defendant, Jodi Kae Carlson. The supreme court later determined that anticipatory search warrants are statutorily impermissible in Illinois, and the State now argues that the...

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