People v. Abata

The State appeals pursuant to Supreme Court Rule 604(a) (107 Ill. 2d R. 604(a)) from the order of the circuit court of Du Page County quashing a search warrant and suppressing certain evidence seized pursuant to that warrant. The issue raised by the State on appeal is whether this court’s decision in a previous interlocutory appeal in People v. Abata (1985), 136 Ill. App. 3d 57, 482 N.E.2d 1119, bars relitigation of the suppression issue on remand.

The facts pertinent to this appeal may be briefly stated. In 1982, defendants, Kathleen Abata and Ronald Abata, were granted a pretrial hearing…