Are you a person that enjoys your privacy, or are you one of those, “life is an open book,” sorts of people? It’s cool, either way. Regardless of how you feel, you have privacy rights and should know the basics of Illinois search and seizure law. The question is, when can the police impede your privacy?
Are you a person that enjoys your privacy, or are you one of those, “life is an open book,” sorts of people? It’s cool, either way. Regardless of how you feel, you have privacy rights and should know the basics of Illinois search and seizure law. The question is, when can the police impede your privacy?
1. What happens if I am placed under arrest?
1. What happens if I am placed under arrest?
When a police officer lawfully arrests you, he/she can search you and the area within your immediate presence. The purpose is to protect the officer, stop you from escaping, and discover evidence of the crime. They can basically search you inside and out, WITHIN REASON. If they get carried away, make sure to mention it to your lawyer, who could further explain Illinois search and seizure law. Until then, let’s continue…
When a police officer lawfully arrests you, he/she can search you and the area within your immediate presence. The purpose is to protect the officer, stop you from escaping, and discover evidence of the crime. They can basically search you inside and out, WITHIN REASON. If they get carried away, make sure to mention it to your lawyer, who could further explain Illinois search and seizure law. Until then, let’s continue…
2. Could the police stop me on the street and search me?
2. Could the police stop me on the street and search me?
This is an area of Illinois search and seizure law that people often have questions about.
Sometimes the police reasonably suspect someone of a crime, but do not have probable cause to arrest them. If this happens to you in a public place, the officer has the right to stop you and ask you questions. He/she can ask you to explain your actions. If the officer reasonably believes that he/she or another is in danger of you attacking them, he/she may search you for weapons.
What if you have a valid conceal and carry permit? In that case, the officer may take your weapon during the questioning. When the officer is finished, if he/she does not arrest you, they have to give it back.
This is an area of Illinois search and seizure law that people often have questions about.
Sometimes the police reasonably suspect someone of a crime, but do not have probable cause to arrest them. If this happens to you in a public place, the officer has the right to stop you and ask you questions. He/she can ask you to explain your actions. If the officer reasonably believes that he/she or another is in danger of you attacking them, he/she may search you for weapons.
What if you have a valid conceal and carry permit? In that case, the officer may take your weapon during the questioning. When the officer is finished, if he/she does not arrest you, they have to give it back.
3. If the police take weed out of my pocket, do I ever get it back?
3. If the police take weed out of my pocket, do I ever get it back?
Contraband items are not returned to you: drugs, unlicensed firearms, illegally stamped cigarettes; you name it. If marijuana is legally prescribed, it is not contraband and you could get it back.
Contraband items are not returned to you: drugs, unlicensed firearms, illegally stamped cigarettes; you name it. If marijuana is legally prescribed, it is not contraband and you could get it back.
4. Who can execute a search warrant under Illinois search and seizure law?
4. Who can execute a search warrant under Illinois search and seizure law?
All officers in the state are directed to execute search warrants under Illinois search and seizure law.
All officers in the state are directed to execute search warrants under Illinois search and seizure law.
5. Do search warrants last forever?
5. Do search warrants last forever?
No, they most certainly do not. Search warrants must be executed within 96 hours or they become void under Illinois search and seizure law.
No, they most certainly do not. Search warrants must be executed within 96 hours or they become void under Illinois search and seizure law.
6. Could the police force their way in?
6. Could the police force their way in?
Yes, they can use all necessary and reasonable force to enter any property and execute a search warrant. Under normal circumstances, the officers have to knock and announce themselves before entering. However, under Illinois search and seizure law, the officers do not have to knock and announce themselves under urgent circumstances. “Urgent” meaning the officers believe that if notice were given a weapon would be used against them or another person, or evidence would be destroyed.
Yes, they can use all necessary and reasonable force to enter any property and execute a search warrant. Under normal circumstances, the officers have to knock and announce themselves before entering. However, under Illinois search and seizure law, the officers do not have to knock and announce themselves under urgent circumstances. “Urgent” meaning the officers believe that if notice were given a weapon would be used against them or another person, or evidence would be destroyed.
7. Do the police have to knock?
7. Do the police have to knock?
As I stated above, under Illinois search and seizure law the police normally have to knock and announce themselves.
Forgive me, I hate redundancy.
As I stated above, under Illinois search and seizure law the police normally have to knock and announce themselves.
Forgive me, I hate redundancy.
8. If the police search a place, can they detain ME?
8. If the police search a place, can they detain ME?
Yes, they can, for two specific reasons. The first is to protect themselves. You can’t really blame them for that, right? The second, under Illinois search and seizure law, is to stop you from destroying or hiding things specifically mentioned in the search warrant.
Yes, they can, for two specific reasons. The first is to protect themselves. You can’t really blame them for that, right? The second, under Illinois search and seizure law, is to stop you from destroying or hiding things specifically mentioned in the search warrant.
9. What time of day can a warrant be executed?
9. What time of day can a warrant be executed?
The warrant may be executed any time of any day or night. Sweet dreams.
The warrant may be executed any time of any day or night. Sweet dreams.
10. Can a warrant be thrown-out based on a technicality?
10. Can a warrant be thrown-out based on a technicality?
No. Illinois search and seizure law states no warrant shall be quashed (that’s a funny word) due to technical irregularities, as long as your substantial rights are not affected.
No. Illinois search and seizure law states no warrant shall be quashed (that’s a funny word) due to technical irregularities, as long as your substantial rights are not affected.