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City of East Peoria v. Palmer, 2012


IL App (3d) 110904

THE CITY OF EAST PEORIA, Plaintiff-Appellant, v. BRADFORD PALMER, Defendant-Appellee.

Third District Docket No. 3-11-0904

Filed: November 20, 2012

In the prosecution of defendant for driving under the influence, the trial court properly found that the arresting officer lacked a reasonable articulable suspicion of criminal activity warranting the stop of defendant’s vehicle, and the issue of whether the officer had probable cause to arrest defendant for DUI was not properly before the appellate court due to the fact that everything that happened after the improper stop was subject to being suppressed; furthermore, the trial court properly refused to admit a recording of a telephone call reporting a possible drunk driver on the ground that the recording was hearsay.

The judgment of the circuit court of Tazewell County is affirmed.

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