Category Archives: search and seizure

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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THE POLICE ARE AT MY DOOR: KNOCK AND TALK DOCTRINE IN ILLINOIS

When you answered the doorbell, you were surprised to see the police. The officer said he had a few questions and wanted to know if he could come in. The officer did not have a search warrant. Do you have … Continue reading

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DO THE POLICE NEED A WARRANT TO SEARCH A CELL PHONE? THE U.S. SUPREME COURT SAYS ‘YES!’

Police generally do not need a warrant to search a suspect as part of a lawful arrest. Such a search may be limited to the person of the arrestee and the area immediately within their control. However, most of us … 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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HOW LITTLE PROBLEMS BECOME BIG PROBLEMS: WHEN A PETTY OFFENSE TURNS INTO A MISDEMEANOR OR FELONY

A man was walking down the middle of a road instead of the sidewalk or shoulder. In Illinois, you must use a sidewalk where provided or at least walk on the shoulder. The man was arrested for a petty offense, … Continue reading

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CAN THE POLICE SEARCH MY CELL PHONE?

Police can search your cell phone to learn its phone number without a search warrant, much like they can flip through the pages of your diary to find your address, said a recent 7th Circuit Court of Appeals ruling. Modern … Continue reading

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WARRANTLESS SEARCHES: THE U.S. SUPREME COURT MARIJUANA EVIDENCE CASE AND ILLINOIS LAW

You may have heard it on the news: U.S. Supreme Court rules that police can enter home because of marijuana smell. While this statement oversimplifies the court’s decision, Kentucky v King deals with the law of exigent circumstances, or when … Continue reading

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