People v. Stibal

These consolidated appeals are taken by the State under Supreme Court Rule 604(a)(1) (Ill. Rev. Stat. 1975, ch. 110A, par. 604(a)(1)) from an order of the circuit court of Cook County suppressing evidence related to charges that defendant, Duane Stibal, was in possession of controlled substances. (Ill. Rev. Stat. 1975, ch. 56%, par. 1402.) The issue presented is whether the police lawfully entered defendant’s premises to effect his arrest for battery thereby permitting them to seize evidence found in plain view. Such material was also used to support a search warrant thereafter issued for the…