People v. Slawek

Defendants James Slawek and Donald J. Slawek were charged in complaints for preliminary examination with possession of burglary tools (Ill. Rev. Stat. 1979, ch. 38, par. 19 — 2(a)), theft (Ill. Rev. Stat. 1979, ch. 38, par. 16 — 1(a)), and burglary (Ill. Rev. Stat. 1979, ch. 38, par. 19 — 1(a)). A preliminary examination was held at which only one witness appeared, at the behest of the State. Defendants then made oral motions to quash their arrest and to suppress evidence seized by the arresting officer. The circuit court granted the motions.

The state appeals this disposition, contending (1)…