Search warrants are issued and should be executed under strict rules. Law enforcement must follow specific procedures when they receive and carry out a search warrant. If they make mistakes, the evidence they find could be thrown out in court. If you believe something was done incorrectly in your arrest, our Elgin, IL criminal defense lawyer can review what happened and help protect your rights.
What Makes a Search Warrant Legal in Illinois?
Illinois statute 725 ILCS 5/108-3 says that police must have probable cause before a judge can approve a warrant. That means there must be real evidence or facts that show a crime may have been committed and that the place being searched likely contains proof of that crime. A judge cannot issue a warrant on an officer’s hunch.