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People v. Ray

Case Date: 02/07/2002
Court: 5th District Appellate
Docket No: 5-00-0420 Rel

                    NOTICE
Decision filed 02/11/02.  The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-00-0420

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,

       Plaintiff-Appellee,

v.

BRETT W. RAY,

       Defendant-Appellant.

 )
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)		 Appeal from the
Circuit Court of
Effingham County.

No. 98-CF-222

Honorable
John P. Coady,
Judge, presiding.

JUSTICE HOPKINS delivered the opinion of the court:

Brett W. Ray (defendant) appeals from his conviction, pursuant to a stipulated benchtrial, for possession of more than 5,000 grams of cannabis (720 ILCS 550/4(g) (West 1998)). Defendant was arrested at a drug interdiction checkpoint operated by the Effingham Countysheriff's department. Defendant moved to suppress evidence recovered during a search ofhis van at the checkpoint. The trial court denied defendant's motion to suppress. Defendantcontends on appeal that the checkpoint violated his constitutional right to be free fromunreasonable searches and seizures under the United States Constitution (U.S. Const.,amend. IV) and the Illinois Constitution (Ill. Const. 1970, art. 1,