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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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