Appellate Court of Illinois January 21, 2004, 4-03-0177 Rel (City of Champaign v. Torres)

JUSTICE MYERSCOUGH,

dissenting:

I respectfully dissent. I do not agree with the majority’s finding that Officer Shepard’s acts were authorized. In reaching its conclusion, the majority has disregarded our supreme court’s holding in Villarreal and the Third District’s holding in Hilgenberg, 223 Ill. App. 3d 286, 585 N.E.2d 180.