CAN AN OFFICER STOP ME BASED ON ANOTHER OFFICER’S INFORMATION?

The answer may be yes, based on “the doctrine of collective knowledge.”

For example, in People v. Whiles, an Illinois officer received a call about a possible drunk driver. A Michigan officer happened to be in the area.  Having seen the defendant driving erratically, the Michigan officer signaled the Illinois officer. The Illinois officer then arrested the defendant for DUI.  Defendant argued that the Illinois officer lacked probable cause to make the stop, because he had not himself seen the defendant’s erratic driving.

The court disagreed.   While the Michigan officer did not have jurisdiction in Illinois, he was driving a marked car.  The rational inference of one officer flashing another was: ‘Here is your intoxicated driver.’ The trial court may consider the collective knowledge of all officers, even if such knowledge was not told to the arresting officer, when determining whether a reasonable suspicion existed to stop a defendant.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately.  An experienced attorney can review your case for your best possible defense.  A stop based on the doctrine of collective knowledge is highly fact specific.  Did probable cause really exist in the first place?  If not, then the doctrine of collective knowledge may fall apart.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email  matt@mattkeenanlaw.com.

See our related post Did Police Have Probable Cause Before Your Arrest?

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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