If the police officer does not show up for the motion to quash hearing, does the case get dismissed?

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If the police officer does not show up for the motion to quash hearing, does the case get dismissed?

Asked on January 7, 2016 under Criminal Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The best answer is "it depends" on what you are seeking to quash, how you are seeking to quash it, and if there are any agreed facts.
If you are seeking to quash a charging instrument because the wording is defective, then the officer does not need to be present.
If you are seeking to quash a search for being illegal, the officer may need to be present to explain why he did or did not do something.  In this case, the officer would have to be present... and the state's failure to develop evidence could result in the exclusion of evidence and thus a dismissal of the case.
If both sides agree on certain facts... but they only disagree whether the actions were illegal... then the court can hear a motion based on the agreed facts and just hear the legal arguments by the attorneys.  In this situation, the officer would not need to be present. 


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