Category Archives: probable cause

CAN POLICE SEARCH MY MOUTH DURING A STOP?

According to Illinois law, the answer is probably not–especially if the police used force. In People v. Augusta, defendant was stopped for failure to signal when turning. The officer asked defendant if he had something in his mouth, which defendant … Continue reading

Posted in 4th Amendment, probable cause, search and seizure | Leave a comment

CAN YOU SUPPRESS STATEMENTS MADE AFTER AN ILLEGAL ARREST?

The police stopped you for not doing much of anything. They took you into custody and because you were nervous, you couldn’t stop talking. If the original arrest was without probable cause, can your statements be used against you? To … Continue reading

Posted in confession, fruit of the poison tree, illegal arrest, probable cause, statements | Leave a comment

CAN ILLINOIS POLICE STOP ME JUST BECAUSE I HAVE A GUN?

Updated 12/16/19 The answer is probably not. On September 12, 2013, the Illinois Supreme Cort in People v. Aguilar partially struck down the law that barred possession of a handgun for self-defense outside the home. Thus, the mere fact you … Continue reading

Posted in gun law, gun possession, illegal stop, probable cause, search and seizure | Leave a comment

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

Posted in arrest, escape, fleeing, flight, investigatory stop, probable cause, search and seizure | Leave a comment

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

Posted in arrest, evidence, investigatory stops, privacy rights, probable cause, reasonable expectation of privacy, search and seizure | Leave a comment

“THE OFFICER JUST SAW IT!”: PLAIN VIEW EXCEPTION TO POLICE SEARCHING WITHOUT A WARRANT

You failed to use your turn signal so the police officer pulled you over. After making the stop, the officer noticed some spoons and straws sticking out of your visor. The officer opened the visor. As it turns out, you … Continue reading

Posted in drug offenses, marijuana, narcotic offenses, plain view exception, police car search, police search, possession of cocaine, possession of marijuana, probable cause, search without a warrant | Leave a comment

I HAVE A FELONY: THE PRELIMINARY EXAM

It was a nightmare. The police came to speak with you, they left, they came back and next thing, you were arrested for a felony. Fortunately, your family made bond. Now, your first court date is coming up. Your case … Continue reading

Posted in arraignment, arrest, bond hearing, felony, preliminary exam, preliminary hearing, probable cause | Leave a comment

CAN THEY SEARCH MY CAR? YOUR RIGHTS DURING A TRAFFIC STOP (BEFORE AN ARREST)

You were a little preoccupied while driving home late one night and missed a stop sign. Unfortunately, a police officer spotted you and pulled you over. After taking your license, the officer asked you to step out of the car. … Continue reading

Posted in narcotics, probable cause, reasonable suspicion, search of car, search warrant, traffic offense, traffic stop, traffic tickets, vehicle search, warrantless search | Leave a comment