Searches and Seizures in Illinois Drug Cases
Have you been charged with a drug crime after law enforcement searched your property? You need to know your rights.
The ability of prosecutors to charge individuals for drug crimes rests in the evidence collected by police during the incident in question. However, if law enforcement searched property or belongings illegally, that evidence might not hold up in court.
All individuals are protected against unreasonable searches and seizures, as specified in the Fourth Amendment of the U.S. Constitution. If you're facing drug charges, you need an experienced drug crime defense attorney who can tell you whether or not evidence collected by police is legal and admissible in court.
To learn more about your legal options, call Donahue, Sowa & Magana at 630-232-1780 or contact us online.
Protections against searches and seizures are open to a fair amount of interpretation. In order to be protected, individuals must have a reasonable expectation of privacy, as defined by what society as a whole might consider reasonable. This expectation has changed over time and will likely continue to do so in the future, which makes determining privacy in drug cases difficult.
In order for law enforcement to search private property, they usually must obtain a valid warrant from a judge. They must also have probable cause, meaning that they have good reason to believe that a crime has been committed.
There are exceptions to the warrant requirement. For more information, contact a drug crime defense attorney.
Although in most cases searches require a warrant, there are some situations where law enforcement can act without one. These include when searching a person after they have been arrested, if an individual gives consent to a search, when there are illegal substances in plain view or if there is a life in danger. There is also an exception when it comes to searching vehicles, as police officers can make the case that the suspected substances would be removed during the time it would take to get a warrant.
There are many things to consider when determining whether or not a search was conducted lawfully. Your best option is to consult with a drug crime defense lawyer with years of experience successfully removing evidence from drug cases due to illegal search and seizure practices. Call us today at 630-232-1780 or contact us online.
Experienced drug crime defense attorneys in the Kane County and DuPage County areas