In most cases, Illinois police do not need a search warrant to look through a car if they suspect a drug crime has occurred. The law gives officers some flexibility during traffic stops, but there are limits to what they can do. Knowing your rights can help you protect yourself and your case. An experienced Elgin, IL criminal defense lawyer can review what happened during your stop and explain whether the search was legal.
When Can Police Search Your Car Without a Warrant?
Illinois law has an “automobile exception” to the warrant requirement for a search. It exists because cars are mobile, and evidence inside can be moved or destroyed before a judge issues a warrant. Some key situations where this exception may apply include:
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Probable cause: The officer has a clear reason to believe a crime has occurred. For example, they may smell marijuana, see drug paraphernalia, or spot something illegal in plain sight.