People v. Flores

State: Illinois

Court: 2nd District Appellate

Docket No: 2-05-0778 & 2-05-0783 cons. Rel

Case Date: 01/29/2007

Preview:Nos. 2--05--0778 & 2--05--0783 cons. ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Du Page County. ) Plaintiff-Appellant, ) ) v. ) No. 04--CF--205 ) AUGUSTIN FLORES, ) Honorable ) Ann B. Jorgensen, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Du Page County. ) Plaintiff-Appellant, ) ) v. ) No. 04--CF--206 ) LUIS G. FLORES, ) Honorable ) Ann B. Jorgensen, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE O'MALLEY delivered the opinion of the court: The State appeals the judgment of the circuit court of Du Page County granting the motions of defendants Augustin Flores (case number 2--05--0778) and Luis Flores (case number 2--05--0783) to quash arrest and suppress evidence. We reverse and remand both cases. Defendants were indicted for two counts of burglary (720 ILCS 5/19--1(a) (West 2004)) and one count of possession of burglary tools (720 ILCS 5/19--2 (West 2004)) in connection with two

Nos. 2--05--0778 & 2--05--0783 cons. alleged car stereo thefts. Arguing that they had been placed under arrest without probable cause, defendants filed motions to quash arrest and suppress evidence. The trial court held a combined evidentiary hearing on the motions on April 20, 2005. At the hearing on the motion, defendants called Officer Kenneth Lafin, an Elmhurst police officer, to testify first. He testified that, on January 23, 2004, at approximately 4:30 a.m., he was patrolling the area around an apartment complex on north York Road in an unmarked sport-utility vehicle when he saw a car drive through the apartment complex parking lot. He was patrolling the area because the police department was "having numerous reports of cars being broken into not only in that actual apartment complex but up and down York Road." The vehicle went to two sides of the parking lot, passed an entrance, but did not leave the parking lot. Lafin took up surveillance of the car, which left the parking lot after circling it more than once and traveled south on York Road for "five or six blocks" before pulling into a gas station. After one of the occupants got out of the vehicle and appeared to put gas in the vehicle, the car left the gas station and continued south on York Road for approximately 1 or 1

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