People v. Broge

After a bench trial the defendants, Felix Broge and Antonio Gainza, were found guilty of unlawful possession of a controlled substance. (Ill. Rev. Stat. 1985, ch. 56½, par. 1402.) Gainza was sentenced to two years’ imprisonment and Broge was sentenced to 30 months’ probation. Both appeal contending, inter alia, that the trial court erred in overruling their motion to suppress because the controlled substance was seized from Gainza’s apartment by the officers without a warrant. We reverse.

The evidence presented at the hearing of the defendants’ motion to suppress established that 4416 North…