People v. Eaves

PRESIDING JUSTICE STOUDER,

dissenting:

I respectfully disagree with the result reached by my colleagues. I believe the majority opinion errs in its failure to address the State’s arguments in this appeal and in its reliance on Village of Algonquin v. Ford (1986), 145 Ill. App. 3d 19, 495 N.E.2d 595. Considering the facts and proceedings of this case, the decision of the trial court should have been affirmed.

The State presents two arguments. First, it argues that the implied consent warnings were properly given in spite of the fact that Eaves was found in a private parking lot. This argument is…