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02/01/89 the People of the State of v. Leonard Ziomek

February 1, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

LEONARD ZIOMEK, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

534 N.E.2d 538, 179 Ill. App. 3d 303, 128 Ill. Dec. 356 1989.IL.102

Appeal from the Circuit Court of Cook County; the Hon. Eugene E. Campion, Judge, presiding.

APPELLATE Judges:

JUSTICE McNAMARA delivered the opinion of the court. FREEMAN, P.J., and WHITE, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA

Defendant Leonard Ziomek was charged with unlawful use of weapons, and charged under the Municipal Code of Chicago with failure to register a deadly weapon and unlawful possession of fireworks. Weapons and ammunition were confiscated from defendant's Chicago home, but the evidence was later suppressed and the arrest quashed on fourth amendment grounds. The trial court then granted defendant's motion for the return of the illegally seized weapons, but directed that the property be returned outside the borders of the City of Chicago. The State appeals the order returning the weapons to defendant.

On January 13, 1984, defendant was arrested and the following property confiscated:

UZI 9 mm

Smith and Wesson 41 Magnum

Browning 9 mm

Ruger 357 Magnum

Ruger 22 Caliber

Walther PPKS .380 Caliber

Colt 45 Caliber

Walther PP 7.65 mm

AMT 380 Backup

Derringer 22 Caliber

Remington 35 ...


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