Tag Archives: search and seizure

St. Charles drug charges defense attorney

The majority of drug possession charges result from a police search of a person’s property. In the United States, citizens have a reasonable right to privacy. Although police are authorized to search an individual or his or her property in some situations, they must follow certain rules and procedures when doing so. When evidence of a crime is uncovered during an unlawful police search, it is possible that this evidence will not be admissible in court. If you or a loved one has been charged with possession of cocaine, heroin, methamphetamine, or another controlled substance, it is crucial that you know the laws regarding search and seizure of personal property.

When Can Police Search a Person?

The Fourth Amendment to the United States Constitution gives citizens the right to be free from “unreasonable” search and seizure. However, defining which searches are reasonable and which are unreasonable is not always as straightforward as it may seem. Police can search an individual if he or she:

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St. Charles gun charges defense attorney

Criminal charges related to theft, weapons violations, and possession of controlled substances are often the result of a police search of a vehicle or a home. However, if a police search was conducted, and the proper procedures were not followed, it is possible that any evidence discovered in the search will be inadmissible in court. According to the “exclusionary rule,” the government cannot use evidence against a criminal defendant that was acquired in violation of the Constitution. It is crucial for every person in Illinois to know what their rights are in regard to search and seizure of their property.

When Are Police Allowed to Search My Home?

You have a constitutional right to be free from unreasonable searches of your property. The Fourth Amendment to the Constitution states in part that the right of people to be protected from unreasonable searches and seizures will not be violated and that “no Warrants shall issue, but upon probable cause.” This means that law enforcement cannot search a person’s property without a good reason for doing so. Typically, a person’s residence cannot be legally searched by law enforcement unless the officers have a valid search warrant that was signed by a judge. However, there are several situations in which police can search your home even if they do not have a search warrant.

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St. Charles traffic violations defense attorney

If a law enforcement officer suspects that a motorist is breaking the law, he or she will use lights and sirens to indicate that the driver must pull over for a traffic stop. If the police officer suspects the driver of driving under the influence (DUI) of drugs or alcohol, he or she may ask the driver to participate in a field sobriety test or take a breathalyzer test. If the officer suspects that weapons, illegal drugs, or other contraband are in the vehicle, he or she may conduct a search of the vehicle. There are certain things that a driver should never do during a traffic stop as well as steps that drivers should always take. It is important to remember that you have certain rights during traffic stops, and doing the following may help you avoid criminal charges:

Pull Over Immediately

Being pulled over by a police officer is often the last thing you want to deal with. However, traffic stops are not optional. The Illinois Vehicle Code states that if a driver receives a “visual or audible signal” by a police officer to stop his or her vehicle and fails to do so, he or she may be charged with fleeing or attempting to elude a police officer. This offense is a Class A misdemeanor, punishable by up to one year in jail.

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St. Charles drug crime defense attorney

Many drug possession charges and other criminal charges are the results of law enforcement officers searching the defendant’s property. Being the subject of a police search can be extremely stressful and confusing. When a police officer asks to search your property, do you have the right to deny the request? Your rights regarding searches of your personal property can vary depending on the circumstances, so it is crucial to understand the Illinois laws regarding search and seizure. If you are charged with a crime because drugs or other contraband are found on your property, and the search was not conducted legally, the evidence discovered in the search may not be admissible in court.

Police Searches of Your Home

The Fourth Amendment to the U.S. Constitution places limits on when and how law enforcement can search an individual, his or her property, or seize contraband and other items. The Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…” However, in most instances, a police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant signed by a judge or a valid arrest warrant. In some situations, the legal concept of “exigent circumstances” gives police the right to search a home without a warrant. A law enforcement officer has the authority to enter a home or perform a warrantless search if there is a risk of imminent danger, contraband is in plain sight, the evidence is being destroyed, or a suspect is attempting to escape.

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Naperville criminal defense attorney

If you are arrested on suspicion of a crime, police officers will likely want to perform a search and seize any evidence which could be used against you. However, they must follow the laws when doing so. If you believe your rights have been violated by an illegal search and seizure, you should seek legal counsel immediately. The laws can be complicated, and there is often a fine line between what police can and cannot do when it comes to searching and/or taking your property. Even if the police found and seized drugs or other illegal contraband from your property or person, you may be able to have that evidence suppressed if it was not legally obtained. The Fourth Amendment protects you from unreasonable searches and seizures, and an experienced attorney can determine whether your rights have been violated.

What Is Search and Seizure?

A “search” is a means through which government officials (usually police officers) go through a person’s house, vehicle, documents, and more, looking for evidence of illegal activity. In general, police will need a warrant to search a home or a car, but they can sometimes get around this if they have “probable cause.”

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