What You Should Know About Illegal Search and Seizure in Illinois

 Posted on June 12, 2025 in Criminal Defense

A common defense in criminal cases, particularly in cases involving drug crimes, is the violation of the defendant’s right to protection from illegal search and seizure. Law enforcement must adhere to strict protocols when searching a person or their property. Failure to uphold the legal standards can be highly detrimental to the prosecution’s case. If you have been charged with a crime, an experienced Kane County, IL criminal defense attorney can help you understand your constitutional rights and how they impact your case.

What Are the Laws Regarding Illegal Search and Seizure?

The Fourth Amendment of the Constitution states that you have the right to be secure from unlawful search and seizure of your person, house, effects, and papers. This means that law enforcement must have a valid warrant to search or take your property. There are only a few exceptions to the warrant requirement. For example, police can search if they have your consent, if evidence is in plain view, if you are already under arrest, or if there are exigent circumstances. Vehicles can also be searched without a warrant if there is probable cause.

The Illinois Constitution has similar language regarding protection against unlawful search and seizure. It also stipulates that no warrant will be issued without probable cause, and the warrant must be supported by an affidavit that describes what or who they want to search and the things they want to seize.

What Are the Types of Search Warrants in Illinois?

The goal of a search warrant is to establish that law enforcement has probable cause to assume that evidence will be found if they are allowed to search. There are five types of warrants, and the specific one used is based on the kind of information involved:

• Investigative: This type of warrant is issued based on information collected from a police investigation.

• Anonymous tip: The police do not know the identity of the person who provided the information, and they have to corroborate it as much as possible to get the warrant.

• John Doe: The information comes from someone left unnamed. Only the police and the judge know who the informant is.

• Citizen informant: This warrant is based on information provided by an identified citizen who is presumed to be reliable.

• Reliable confidential informant: This warrant comes from information provided by a confidential informant, meaning the person who provided it is known only to the police.

Police have probable cause to arrest when the facts known to them are enough to make a reasonable person believe a crime has been or is being committed. This theory is governed by common sense rather than proof beyond a reasonable doubt. If the police did not use a valid warrant to search and seize your property, you might have a strong case to claim that the search violated your constitutional rights.

Schedule Your Free Consultation With an Elgin, IL Criminal Defense Attorney Today

Fourth Amendment violations are a strong defense in a criminal case, but they can be challenging to prove. As the Aurora, IL illegal search and seizure defense lawyer at The Law Office of Brian J. Mirandola and a former assistant state’s attorney, I know how to use the violation of constitutional rights to build a robust defense in criminal court. If you were charged with a crime and have questions about potentially unlawful behavior during the investigation, contact my firm at 847-488-0889 to schedule your free initial consultation today.