THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALEX HORINE, Defendant-Appellee.
Docket No. 4-17-0128
Appellate Court of Illinois, Fourth District
December 8, 2017
2017 IL App (4th) 170128
Illinois Official Reports
Appeal from the Circuit Court of McLean County, No. 16-DT-727; the Hon. Scott Drazewski and the Hon. Lee Ann S. Hill, Judges, presiding.
Affirmed.
Jason Chambers, State‘s Attorney, of Bloomington (Patrick Delfino, David J. Robinson, and Rosario David Escalera, Jr., of State‘s Attorneys Appellate Prosecutor‘s Office, of counsel), for the People.
Michael J. Zopf, of Champaign, for appellee.
Justices Harris and Appleton concurred in the judgment and opinion.
OPINION
¶ 1 In October 2016, defendant, Alex Horine, was arrested for driving under the influence (
¶ 2 I. BACKGROUND
¶ 3 On October 23, 2016, defendant received a traffic citation from the City of Bloomington for driving under the influence (
¶ 4 On November 4, 2016, the Illinois Secretary of State filed a confirmation of statutory suspension with the circuit clerk. The confirmation stated that, because defendant was not a first-time offender, his license would be suspended for three years as of December 8, 2016, and he would be eligible for provisional reinstatement on December 8, 2019.
¶ 5 On November 29, 2016, defendant filed a petition to rescind his statutory summary suspension, arguing five different
¶ 6 On December 22, 2016, the trial court held a hearing on defendant‘s petition. Defendant called Officer Jeremy Cunningham to testify, who testified to the following. On October 23, 2016, Officer Cunningham worked for the City of Bloomington police department and wasdispatched to a local bar, the Windjammer Lounge (Windjammer). When he arrived at Windjammer, he saw defendant sitting outside on the sidewalk and the bouncer standing over him. Officer Cunningham placed defendant under arrest to detain him in his squad car until he could complete his investigation.
¶ 7 On cross-examination, the State asked Officer Cunningham if he talked to anyone else at the scene. Officer Cunningham stated he spoke with a witness, Kaylie Bakalar, who was in the vehicle at the time defendant was allegedly driving. The following questioning occurred:
“Q. And what did Kaylie tell you?
MR. DAVIS [(Defense attorney)]: I‘m going to object, Your Honor. This is the clear definition of hearsay.
MS. LIN [(Prosecutor)]: Your Honor, it‘s not for the truth of the matter asserted. The question is based on—the question here today is whether or not the officer had reasonable grounds. Whatever came from the interview goes to his knowledge at the time.
THE COURT: If he made in arrest based on allegedly what she has told him, how is that not hearsay? Because that would be—he‘s saying that that‘s the truth so that‘s why I arrested someone. The objection is sustained.”
The State proceeded to ask Officer Cunningham about a surveillance video from Windjammer, and defendant objected to its foundation. The trial court agreed with defendant and found the State did not lay a proper foundation and it did not present any evidence of chain of custody. Defendant requested the court to grant his petition because the State did not provide a witness that saw him drive. The State presented no argument. The court granted defendant‘s petition.
¶ 8 On December 29, 2016, the State filed a motion to reconsider. The State argued the trial court erred when it sustained defendant‘s hearsay objection because (1) the out-of-court statement was offered to explain the investigatory procedure followed in the case and was proper to show the police officer had probable cause and (2) the statements Kaylie made to Officer Cunningham were offered to show its effect on Officer Cunningham and to show why Officer Cunningham was reasonable in believing the defendant was the driver of the vehicle.
“THE COURT: Let me ask you this. If it is not for the truth of the matter asserted, why could you not have just asked the officer did you interview witnesses; yes. Based on your interview of the witnesses and your state of mind at the time, did you feel you had probable cause to arrest? Because if you don‘t want me to believe that this is for the truth of the matter asserted, why does it matter what she said? If it‘s only for the officer‘s state of mind, then why can‘t the fact that he interviewed witnesses and based on that interview he arrested [defendant] be enough? Because you want me to believe what she said to him.
MS. LIN: The question is whether or not, is it reasonable for the officer to believe what was said to him. So what she said and the circumstances surrounding what she said is relevant to whether or not it is reasonable for him to believe.”
“THE COURT: Then why do you need her statement?
MS. LIN: To show the totality of the investigation and how reasonable it is.
THE COURT: No, you want me to believe what she said to the officer. You‘re asking me to say that what she said to the officer was truthful and reasonable and that gave him probable cause to arrest. But otherwise why isn‘t just saying you interviewed the witnesses. Based on those interviews of the witnesses you believe you had enough evidence to arrest [defendant] for driving under the influence.
* * *
MS. LIN: Whether or not he drove is not—I‘m not using that statement to prove that he drove. I‘m using that statement to show that the officer was reasonable in believing that he drove. So the statements itself [sic] is relevant to show that the officer was reasonable in believing those circumstances.
THE COURT: I‘m sorry, Ms. Lin. I don‘t buy that as a reasonable argument and your motion to reconsider is denied.”
¶ 10 This appeal followed.
¶ 11 II. ANALYSIS
¶ 12 On appeal, the State argues the trial court abused its discretion when it sustained defendant‘s hearsay objection because Kaylie‘s out-of-court statement was admissible to show its effect on Officer Cunningham‘s state of mind and to explain his investigatory actions. Defendant argues the trial court did not abuse its discretion when it sustained his hearsay objection because the out-of-court statement was offered for the truth of the matter asserted.
¶ 13 We note if defendant made his hearsay objection during his trial on the driving under the influence charge, he would be correct because the elicited testimony constituted inadmissible hearsay. A police officer may testify as to the steps taken in the investigation of a crime when the testimony is necessary and important to fully explain the State‘s case to the trier of fact—such testimony cannot include the substance of a conversation with a nontestifying witness. People v. Boling, 2014 IL App (4th) 120634, ¶ 107, 8 N.E.3d 65; see also People v. Cameron, 189 Ill. App. 3d 998, 1004, 546 N.E.2d 259, 263 (1989). However, defendant‘s hearsay objection was not made at defendant‘s trial—but at the hearing on his petition to rescind his statutory summary
¶ 14 When a defendant asserts the arresting officer did not have reasonable grounds to believe he was driving under the influence as one of the bases for his petition to rescind (
“Probable cause to arrest exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the arrestee has committed a crime. [Citation.] That is, the existence of probable causedepends upon the totality of the circumstances at the time of the arrest. [Citations.] ‘In dealing with probable cause, * * * we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ [Citations.]” Wear, 229 Ill. 2d at 563-64, 893 N.E.2d at 642-43.
¶ 15 Hearsay evidence is admissible during a hearing on a defendant‘s petition to rescind statutory summary suspension (or motion to suppress), though hearsay is not admissible at trial. People v. Patterson, 192 Ill. 2d 93, 111-12, 735 N.E.2d 616, 628 (2000). This distinction is important. The hearing on a petition to rescind focuses on the issue of whether the arresting officer had reasonable grounds to believe the defendant was driving under the influence. In contrast, a defendant‘s trial on a driving under the influence charge focuses on whether the defendant was, in fact, driving under the influence. Therefore, at the hearing on the defendant‘s petition to rescind, the testimony sought from the arresting officer, even if it includes hearsay, is permissible as it explains the information the officer possessed at the time and what he reasonably believed based upon that information. This information is essential in determining whether the officer had reasonable grounds to arrest the defendant, and the trial court could not make a sufficient ruling without it.
¶ 16 The trial court erred when it sustained defendant‘s hearsay objection. The testimony the State attempted to elicit from Officer Cunningham attempted to explain what he learned during his investigation and why he believed he had probable cause to arrest defendant for driving under the influence. When a defendant challenges whether the arresting officer had reasonable grounds in his petition to rescind statutory summary suspension, the officer‘s testimony, even if it includes hearsay, is permissible as it provides the court with the necessary information to rule on the petition. Although such testimony may constitute impermissible hearsay at trial, such testimony is permissible in this setting. Patterson, 192 Ill. 2d at 111-12, 735 N.E.2d at 628.
¶ 17 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.
¶ 19 III. CONCLUSION
¶ 20 For the reasons stated, we affirm the trial court‘s judgment.
¶ 21 Affirmed.