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PEOPLE v. FERRAL

No. 2-07-0553.

921 N.E.2d 414 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Benjamin FERRAL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 23, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Elgin, IL, Dev A. Parikh, Attorney At Law, Greenwood, IN, for Appellant.

James P. Hursh, Boone County State's Attorney, Belvidere, IL, Lawrence M. Bauer, Deputy Director, State's Attorney Appellate Prosecutor, Elgin, IL, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, IL, for Appellee.

Justice JORGENSEN delivered the opinion of the court:

Defendant, Benjamin Ferral, was charged with two counts of unlawful possession of a fraudulent identification card (15 ILCS 335/14B(b)(1) (West 2004)). He moved to quash his arrest and suppress evidence, based on the warrantless, nonconsensual police entry into the apartment where he and the cards were found. The trial court denied the motion, and defendant was convicted following a stipulated bench trial. The...

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