Illinois Appellate Court
Criminal Court
Motions to Suppress
Court improperly granted motions to suppress arrest of two Defendants; probable cause is not the same as proof beyond a reasonable doubt. Hypothesis that Defendants were involved in a criminal enterprise with two persons who were en route to a drug deal provides a simple unified explanation for all observed circumstances, including that Defendants were seen halfheartedly raking the yard of one of these two persons, and then departed where they and and the two persons travelled just a car's length apart, "in tandem", during entire 23-mile route. In contrast, Defendant's innocent explanation for events is dependent upon numerous coincidences, including as to timing of arrival and departure. (BOWMAN and O'MALLEY, concurring.)