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PEOPLE v. DAMIAN

No. 1-97-4255.

701 N.E.2d 171 (1998)

299 Ill. App.3d 489

233 Ill.Dec. 528

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Gerald DAMIAN, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

September 28, 1998.

Attorney(s) appearing for the Case

Richard A. Devine, Cook County State's Atty., Chicago (Renee Goldfarb, Alan J. Spellberg and Lisette C. Mojica, of counsel), for Plaintiff-Appellant.

Law Offices of Dennis M. Cooley, Chicago (Dennis M. Cooley and Patrick E. Boyle, of counsel), for Defendant-Appellee.

Justice FROSSARD delivered the opinion of the court:

Defendant Gerald Damian was charged with four counts of possession of a controlled substance with intent to deliver and possession of cannabis. At issue on appeal is whether the trial court properly granted defendant's motion to quash the John Doe search warrant and suppress evidence.

I. FACTS

In the complaint for search warrant dated February 1, 1996, Officer Bonnstetter indicated that on December...

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