{"id":8000,"date":"2013-02-23T13:21:42","date_gmt":"2012-11-24T00:11:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-11-23T07:52:23","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8000","title":{"rendered":"IL: Witness with knowledge of PC must testify to basis for arrest at suppression hearing"},"content":{"rendered":"

Defendant was stopped for alleged violation of a protective order. He objected that there was no showing of probable cause by the state for the underlying order, and he\u2019s right. The state\u2019s failure to prove probable cause for the protective order was fatal to the arrest. No witness with knowledge of it testified at the suppression hearing. People v. Hyland<\/a>, 2012 IL App (1st) 110966, 981 N.E.2d 414 (2012):<\/p>\n

<\/p>\n

[**P25] At the hearing on the motion to suppress, the State only presented evidence that the arresting officers relied on the investigative alert as the basis for taking defendant into custody and performing a custodial search. The State presented no evidence that the underlying facts of the investigative alert established probable cause to arrest defendant, either from the officer who issued the investigative alert or from the individual who obtained the protective order that defendant allegedly violated. Thus, the trial court erred in denying defendant’s motion to quash arrest and suppress evidence.<\/p>\n

[**P26] The State contends that defendant forfeited this issue because he did not raise this specific argument in the proceedings below, and also because defendant acknowledged that the police informed him that they had an investigative alert for his violation of an order of protection. These arguments are without merit. First, defendant’s testimony that the police officers informed him that he was being arrested for a violation of a protective order is not evidence that the underlying facts of the investigative alert were sufficient to support probable cause for his arrest. Moreover, defendant’s actual testimony was that the detectives told him he violated the order by calling someone, and he told the other people in the shop that he did not know what he had done and that he had not called anyone in violation of the order. Thus, far from verifying that the facts underlying the investigative alert were sufficient to support probable cause, defendant’s testimony highlights the very reason why it was so critical for the State to independently establish that those facts were indeed sufficient.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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