City of East Peoria v. Palmer

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (3d) 110904
Decision Date: 
November 20, 2012
District: 
3d Dist.
Division/County: 
Tazewell Co.
Justice: 
CARTER
Holding: 
Affirmed.
Court properly granted Defendant's motion to quash his arrest for DUI, finding that officer lacked reasonable, articulable suspicion of criminal activity to justify traffic stop. Court found officer not credible in testimony that he observed Defendant's obstruction of traffic and improper lane usage, and video of stop did not provide conclusive proof of alleged violations. Tip from nearby casino, that they had cut off a customer from further drinking, was insufficient to justify the stop. Court properly ruled that audio recording of tip from casino was inadmissible hearsay, as the only non-cumulative, probative value was for the truth of the matter asserted: that the two persons about to leave the casino were intoxicated. (LYTTON and HOLDRIDGE, concurring.)