Legal Question in Criminal Law in Illinois
Does section 107-3 arrest by private citizen require an out of jurisdiction police officer to have first hand knowledge or be personally aware of a commission of an offense to make an arrest under section 107-3? This is what happened. I was driving west bound on I88 in Unincorporated Dekalb County on my way to traffic court in Sycamore for a speeding ticket. I am not a morning person and I was running late for court. I was driving 90 MPH on I88 and passing people on the right shoulder. When I was exiting I88 on the Peace Road off ramp I came in too hot and was slowing down from 90 MPH. My car fish tailed and I ended up going into a ditch. I got out of the ditch ok and it was a one car accident because I did not hit anyone or anything. I got stopped by the City of Dekalb Police three miles North of the Peace Road off ramp on Peace Road and I told them it was a one car accident and I did not hit anyone or anything and that I had a court date for a speeding ticket that morning. People must have called 911 and told the police an accident happened. I was issued a ticket for 11-601A for driving too fast for conditions and a ticket for 11-709 improper lane usage for passing on the right shoulder. The 11-709 improper lane usage ticket was signed by two private citizens. The Peace Road off ramp of I88 is located in Unincorporated Dekalb County and the 11-709 improper lane usage violation occurred at mile post 96 on I88 which is just South of Courtland in Unincorporated Dekalb County. The City of Dekalb Police said that I was involved in an accident and they were not sure if I hit another vehicle or property on the Peace Road off ramp of I88. I know leaving the scene of an accident that involves property damage without injury or death is a Class A Misdemeanor and leaving the scene or an accident that involves personal injury or death is a Class 4 Felony. However 725 ILCS 5/107-4(a-3)(2) requires the out of jurisdiction police officer to have first hand knowledge of the Misdemeanor violation of State Law or the Felony violation of State Law which the City of Dekalb Police did not have. The City of Dekalb Police only had second hand knowledge. I also talked with both the Dekalb County 911 dispatch and the City of Dekalb 911 dispatch and they both told me that if someone calls 911 on a cell phone the phone call goes to the nearest 911 dispatch center which could not be the appropriate 911 dispatch center. They told me that if someone was in a border region such as a border region of Unincorporated Dekalb County and the City of Dekalb the 911 call can end up going to the City of Dekalb instead of the Dekalb County Sheriffs Office if you are located in Unincorporated Dekalb County.
1 Answer from Attorneys
What makes you say that 725 ILCS 5/107-4(a-3)(2) requires first hand knowledge? I see the language "personally aware" which is arguably something different.
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