IL: When lack of PC for arrest is raised, the state can rely on hearsay to establish it

When the defendant challenges probable cause for arrest, hearsay is admissible to show it. People v. Horine, 2017 IL App (4th) 170128, 2017 Ill. App. LEXIS 743 (Dec. 5, 2017):

[*P17] We find the trial court erred when it sustained defendant’s hearsay objection, but we affirm its ruling because the State forfeited this argument. It did not make this argument to the trial court or to this court on appeal.

[*P18] We affirm in this case because of forfeiture and because two experienced trial judges, the prosecutors assigned to this case, and defense counsel are apparently not clear on the concept of what evidence may be presented by the State when a defendant asserts the arresting officer did not have reasonable grounds or probable cause to believe he was driving under the influence in this context. In this setting and circumstances, the State can present testimony to the trial court demonstrating what information the officer possessed and what he reasonably believed based upon that information before he took action. The officer’s testimony is not subject to hearsay objections.

This entry was posted in Arrest or entry on arrest, Burden of proof, Probable cause. Bookmark the permalink.

Comments are closed.