Legal or Illegal Search of Your Car?

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.