Search and seizure is often a controversial topic. Many federal and Illinois laws surround the act of searching vehicles or homes and seizing evidence. Law enforcement officers must ensure that they complete the proper steps for search and seizure in Illinois. Otherwise, this process may be a violation of your constitutional rights.
A knowledgeable Illinois criminal defense lawyer can review a search and seizure that may have resulted in a drug charge to check for legalities that can impact the outcome of a potential conviction.
Understanding Illegal Search and Seizure
In Illinois, the state constitution mirrors that of the U.S. Constitution’s Fourth Amendment, protecting against “unreasonable” searches and seizures. This law sets a standard for all search and seizures within the state of Illinois to be carried out with the use of warrants or the presence of ‘probable cause,’ which is a legal standard for police to meet before they can make an arrest or conduct a search.