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People v. Wear
State: Illinois
Court: Supreme Court
Docket No: 104181 Rel
Case Date: 07/24/2008
Preview:Docket No. 104181.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROBERT W. WEAR, Appellant. Opinion filed July 24, 2008.

JUSTICE FITZGERALD delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Garman and Karmeier concurred in the judgment and opinion. Justice Burke specially concurred, with opinion, joined by Justices Freeman and Kilbride.

OPINION The central issue in this case is whether an officer's warrantless arrest of Robert W. Wear inside of a residence was in violation of the fourth amendment such that the statutory summary suspension of his driving privileges should be rescinded (625 ILCS 5/2
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