The Fourth Amendment of the United States Constitution protects you from unlawful and unreasonable police searches and seizures. Without probable cause or a warrant, a police officer generally cannot arrest or search you or your property without your consent. If you are violated during an arrest or search, you can raise a complaint against the police officer.
If you are arrested while driving under the influence, your vehicle will likely be searched by the Chicago police if they have probable cause to believe that it contains criminal evidence. The search may unearth evidence that could lead to severe charges. These charges can severely impact your life. Consider hiring a Chicago drug lawyer from the Hirsch Law Group who can guide you if you encounter such issues with the police.
Chicago Police searches encompass a range of techniques and methods. These police searches can be categorized into several distinct types and have their own purpose. They include the following:
This type of search is where the police briefly detain an individual on the basis of reasonable suspicion. For instance, the suspect may be thought to have engaged in criminal activity. This limited search allows officers to pat down the suspect’s outer clothing.
A consent search occurs when an individual voluntarily agrees to it. A person can allow the police access to the following:
The consent search may not require a warrant or probable cause. This type of search relies heavily on obtaining explicit permission from the individual involved.
An inventory search occurs when law enforcement impounds vehicles or temporarily seizes property. The search often follows an arrest or traffic violation situation. These searches aim to catalog and accurately record items within the impounded object for safekeeping. In many cases, such searches uncover controlled substances, ammunition, stolen property, and more. When such discoveries occur, the evidence may be admissible if the search adhered to standard police department procedures and was not merely an exploratory search.
During a Chicago Police search, it is crucial to understand and assert one’s rights. This safeguards personal liberties while ensuring proper law enforcement practices are upheld. One has the following rights during a police search:
The right to be free from unreasonable searches and seizures. This right is stipulated under the Fourth Amendment of the United States Constitution. Police officers are required to either possess a valid search warrant or fall under one of the exceptions to the Fourth Amendment to conduct a lawful search. During unlawful searches, individuals retain their Fifth Amendment rights under the statute law. They may choose not to answer questions posed by law enforcement officials if doing so would potentially incriminate them.
Individuals have the right to have any seized evidence obtained illegally or in violation of the U.S. Constitution discredited. Based on the exclusionary rule established by the Supreme Court decisions, this ensures that such evidence is excluded from being used against them in court.
Everyone has the right for their personal property and privacy interests to not be violated without cause or proper oversight from judicial authorities. This rule is per the applicable laws and regulations governing police conduct.
The general rule is that searches conducted by the police require a valid search warrant. A judge or magistrate usually issues the warrant. But, there are certain circumstances where law enforcement can legally bypass this requirement. Such exceptions include:
Consensual Searches: It is when the police have obtained consent from the person being searched. No warrant is necessary if an individual voluntarily agrees to allow officers to search.
Emergency Cases: The Chicago Police Department may proceed without obtaining a warrant in cases involving exigent circumstances. These are emergencies or pressing situations where there is:
Imminent danger to human life
Risk of evidence destruction
Hot pursuit of fleeing suspects
Searches Incident to a Lawful Arrest: Following an individual’s lawful arrest, law enforcement has the authority to search the person and the immediate vicinity for potential weapons that could threaten the arresting officer’s safety.
The Plain View Doctrine: A police officer is not required to secure a warrant when confiscating contraband that is clearly visible and easily accessible.
A police search conducted lawfully may yield valuable evidence that could lead to arrests. For instance, it could lead to evidence of offenses committed in violation of the municipal code or drug laws in Illinois, resulting in subsequent criminal charges.
Searches can result in apprehending suspects who were previously at large. It can also help uncover hidden criminal activities within communities.
A thorough police search can exonerate innocent individuals caught in an investigation’s net. The police may discover information supporting their innocence. It may even help bring closure to unsolved cases by finding crucial clues that shed light on long-standing mysteries.
Effective police searches enhance public safety by disabling criminal networks within Chicago’s neighborhoods.
Police searches affect justice systems as they generate essential information for legal proceedings. This includes providing prosecutors with solid evidence to build strong cases.
Having legal representation becomes vital during a Chicago police search. A skilled criminal defense lawyer from the Hirsch Law Group possesses focused knowledge for handling cases involving law enforcement searches, arrest records, and the accompanying crime(s).
We can analyze the details of your criminal records and scrutinize the legality of the search warrant. We can also help protect your rights throughout the process.
We can closely examine every aspect of the search conducted by the Chicago police. This helps ensure proper protocols are followed and no constitutional violations occur.
We can challenge any evidence obtained unlawfully during the search while skillfully navigating through complex legal procedures.
Have you suffered an illegal police search? Get help from criminal defense attorneys from the Hirsch Law Group. We can assist you if your rights are violated and the charges labeled against you are brought as a result of an illegal police search. Call for a free consultation today!