What Is Illegal Search and Seizure in Illinois?

 Posted on April 18, 2024 in Drug Crimes

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.

Without a warrant or probable cause, any law enforcement professional who searches a vehicle, home, or other item of personal property in search of criminal evidence may be violating your constitutional rights.

Additionally, if law enforcement professionals do not have a warrant, they must obtain consent to search your person, items, vehicle, or home. If you are asked to give consent to a search, but you were coerced or pressured in some way to provide that consent, the resulting search and seizure may also be considered illegal.

How Does Illegal Search and Seizure Affect Drug Charges?

Many cases of search and seizure in Illinois are conducted to find evidence of drug possession, manufacturing, or use. However, if you have been charged with a drug-related offense, how law enforcement professionals searched and searched may impact your charges.

Suppose law enforcement carried out a search or seizure around your home, vehicle, or person and obtained evidence without a warrant or probable cause. In that case, this evidence may prove to be inadmissible in court. Additionally, if proper procedures were not followed to obtain a search warrant, or if law enforcement did not adhere to the boundaries of the warrant, any evidence obtained may not be valid in a drug charge case.

Contact an Aurora, IL Drug Defense Lawyer

An experienced Kane County, IL drug defense attorney is essential to your case if you have been charged with a drug-related crime after a search and seizure. Your lawyer can review the search and seizure process, looking for inaccuracies and failed procedures on law enforcement’s part that may make any evidence obtained unusable.

Attorney Brian J. Mirandola is a former Assistant State’s Attorney with unique first-hand experience in illegal search and seizure cases, and he will aggressively advocate for your constitutional rights. Call The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation.