People v. Zimmerman

The State appeals from the trial court’s order granting defendants’ motions to suppress evidence and to return the seized property.

Defendants were charged with gambling and keeping a gambling place under sections 28—1(a)(1) and 28—3 of the Criminal Code (Ill. Rev. Stat. 1975, ch. 38, pars. 28—1(a)(1), 28—3). Motions to suppress were filed on behalf of defendants, alleging that money was taken from each defendant in a warrantless and unlawful search.

At the suppression hearing, each defendant testified that on September 25,1975, at 1721 North Sheridan Road, Peoria, Illinois, he was ordered by a…