Have you ever wondered
what the difference is between a legal search and an illegal search of your vehicle? The Law Office of Steven Fine understands the complex world of illegal search and seizure. We
file motions to suppress evidence recovered as a result of an illegal traffic
stop or other unlawful intrusion by the police. Understanding what is within your legal rights can protect you from an illegal search in the future.
Our Chicago criminal defense lawyer explains what you need to know about what constitutes as a legal or illegal search:
- The first thing to understand is that police only need
probable cause to search a vehicle during an unrelated traffic stop (like
a speeding ticket). They do need a warrant to search your home or your
person, however. Probable cause is considered anything to indicate you may
have some connection to illegal activity.
- An officer cannot decide to search your vehicle on a
whim or a hunch. There has to be probable cause, ie. obvious smell of
contraband like alcohol or drugs, contraband in plain sight of the
officer, or some type of admission in illegal activity.
- Minor traffic violations, such as a broken tail light
or speeding, is not considered probable cause and does not give the
officer legal permission to search your vehicle. However, if he asks you
and you tell him it is alright to search your vehicle, you have given him
your consent to a vehicle search.
- A good way to avoid a potential search or any trouble
is to make sure the officer knows you are being safe, for his own good. A
good suggestion is to keep your hands on the wheel until the officer asks
for your paperwork, show him a basic level of respect, and not to raise
your voice or get angry.
- Remember, anything you say or do can be used against
you in a court of law. This does not mean you don’t have the right to refuse
a search; however, getting unnecessarily belligerent with an officer will
never look good on your side.
If you believe your rights have been impeded on, seek the legal counsel of our experienced criminal defense attorney. Contact the Law Office of Steven Fine for help if you have been arrested.
