PEOPLE v. ROJAS

Docket No. 1-11-3780.

998 N.E.2d 567 (2013)

2013 IL App (1st) 113780

376 Ill. Dec. 25

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Juan ROJAS, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

October 10, 2013.


Attorney(s) appearing for the Case

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Veronica Calderon Malavia , Carol L. Gaines , and Neangela L. Marshall , Assistant State's Attorneys, of counsel), for the People.

Thomas M. Breen , Todd S. Pugh , and Jonathan M. Brayman , all of Breen Pugh & Associates, of Chicago, for appellee.


Justice LAVIN delivered the judgment of the court, with opinion. Justice Epstein dissented, with opinion.

OPINION

¶ 1 Defendant Juan Rojas was charged by information with two counts of unlawful use of a weapon by a felon. The trial court granted defendant's motion to quash the search warrant and suppress evidence. The State appeals, contending the trial court erred in finding the search warrant lacked probable cause to search defendant's residence,...

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