People v. Stout

Defendant, Robert L. Stout, was charged by indictment with two counts of unlawful possession of controlled substances, cocaine and codeine, pursuant to section 402(b) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1981, ch. 56V2, par. 1402(b)). After a hearing in the circuit court of Peoria County, the trial court judge granted Stout’s pretrial suppression motion. In a Rule 23 order (87 Ill. 2d R. 23), the appellate court affirmed the circuit court (122 Ill. App. 3d 1166). The State’s petition for leave to appeal was subsequently granted by this court.

The facts of the case are…