The answer is yes, as long as the officer has probable cause.
According to the Illinois Supreme Court, where police already have the right to make a warrantless arrest for a felony, there is no apparent reason why an investigative alert gives them police any special advantage. Whether the arrest is lawful depends on the information available to the police collectively. If the person issuing the radio bulletin or authorizing the wanted poster had probable cause to do so, the facts need not be present in the mind of the officer making the arrest.
If you are arrested on the basis of an alert, is there anything you can do? Contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible options. The arrest must still be based on probable cause. If not, an attorney can bring a motion before the judge to suppress any evidence from an illegal arrest.
Even if the arrest is legal, the state must still prove you guilty of all the elements of your offense beyond a reasonable doubt. An attorney can look for holes in the state’s evidence. But even if the evidence is overwhelming, an attorney, who is respected in the court house, may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: People v. Clark
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
