Category Archives: arrest

CAN I CLEAR MY OLD ILLINOIS ARREST WARRANT WHEN I LIVE OUT OF STATE?

Many years ago you were young and reckless.  You got arrested in Illinois.  You wanted to pretend your case didn’t exist, so you skipped out on your court date and eventually moved out of state.  Older and wiser, you worry … Continue reading

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CAN YOU SUPPRESS INCRIMINATING STATEMENTS MADE AT AN ARREST?

When the police came after you, you said some foolish things that you wish you could take back. Is there a way? The answer may turn on the exact moment you were legally under arrest. Generally, you are under arrest … Continue reading

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CAN THE POLICE USE EVERYTHING I TOLD THEM AGAINST ME?

When the police came after you, you said some foolish things that you wish you could take back. Is there a way? The answer may turn on when you were legally under arrest. Generally, you are under arrest if a … Continue reading

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FRUIT OF THE POISON TREE: STATEMENTS FROM AN ILLEGAL ARREST

Under the Constitution, police have to operate by law before they can deprive you of liberty or property. If your initial stop or arrest is illegal, then the poison fruits of that stop or arrest cannot be used against you … Continue reading

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CAN YOU REFUSE TO GIVE A DNA SAMPLE IN AN ILLINOIS CRIMINAL CASE?

Generally, the answer is yes. Under Illinois case law, extracting your DNA is a search within the Fourth Amendment. Therefore, police must have either a warrant or probable cause before forcing you to submit it. Otherwise, you may voluntarily refuse … Continue reading

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THE OFFICER WAS WRONG ABOUT ILLINOIS LAW! CAN HE STILL ARREST ME?

The police are charged with enforcing the law. But what if they misunderstand that law? What if the officer stops you based on his or her mistaken belief about what the law really means? Will a judge allow the evidence … Continue reading

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WHEN ARE YOU UNDER ARREST? MIRANDA RIGHTS AND POLICE CUSTODY IN ILLINOIS

The exact moment when a police interrogation turns into an arrest is not always clear. But that is the moment when the police must read your Miranda rights—those rights to remain silent and have an attorney present. Miranda must be … Continue reading

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CAN RUNNING FROM POLICE BE GROUNDS FOR ARREST IN ILLINOIS?

You like to walk at night. A police officer thought your presence late at night was suspicious so he stopped you. You didn’t want him to find the concealed weapon or the cocaine in your pocket, so you ran. Now … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

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CAN POLICE USE YOUR BODY AGAINST YOU?: DNA SWABS, BLOOD DRAWS AND OTHER EVIDENCE

Recent U.S. Supreme Court decisions have spotlighted when police can force you to testify against yourself—through your own body. Here is some new and not so recent law: 1) DNA Swabs: Police may take a DNA swab from inside your … Continue reading

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