People v. Levin

The People of the State of Illinois appeal from an order granting a motion of defendant to suppress evidence. Supreme Court Rule 604(a)(1), Ill. Rev. Stat. 1971, ch. 110A, par. 604(a)(1).

The record shows that defendant was charged with a gambling offense in that he possessed a book, instrument or apparatus for the purpose of recording and registering bets and wagers. (Ill. Rev. Stat. 1971, ch. 38, par. 28 — 1(a) (5).) Defendant was taken into custody and placed under arrest on September 22, 1971. Certain property was taken from his possession by the police at that time. The arrest was made…