People v. Graves

Defendant was convicted, after jury trial, of aggravated DUI. One minute footage of video, of Defendant in back of police car after arrest, was played for jury. As Defendant did not object at time of stop when he was informed of recording, his consent to recording is implied, and exemption to eavesdropping statute applies as arrest did not necessarily signal end of investigation. Court properly allowed arresting officer to testify as to his opinions on HGN, as foundation was established as to officer's training and knowledge. (COOK, concurring; APPLETON, specially concurring.)