Search and Seizure Archives

Chicago drug bust results in multiple arrests

Thirty-two people are being charged with an array of crimes after the Chicago Police Department completed a drug raid on the West Side. According to reports, the arrests came after an almost yearlong investigation involving multiple agencies, including the Drug Enforcement Administration. Many of those arrested are now facing federal charges of narcotics distribution and conspiracy.

'Plain view' in search and seizure law

The Fourth Amendment provides certain protections to individuals when it comes to police searches and seizures. When Fourth Amendment protections are found to apply to a given search or seizure, police generally will need to comply with certain rules/procedures in order for the search/seizure to be valid. What these rules/procedures are varies depending on the situation.

What is the 'fruit of the poisonous tree' doctrine?

If police obtained evidence by violating a person's Fourth Amendment rights (such as by performing an illegal search and seizure), it is possible that the evidence will be deemed off-limits for use in a criminal prosecution. This is due to the exclusionary rule, which we discussed in a post a couple months back.

Does race play a role in Chicago traffic stops?

Many drug cases in Illinois find their start in a traffic stop. There are many different valid reasons for police to conduct a traffic stop on an individual. One thing, however, that one would hope would never be the reason behind a police officer deciding to pull a driver over is the driver's race. Worryingly though, a recent study raises serious concerns as to whether police decisions regarding who to conduct traffic stops on are actually racial-bias-free here in Chicago.

Is a warrant required for police to search an impounded vehicle?

Sometimes, a drug case will come out of police discovering drugs during a search of a person's vehicle. When one thinks of vehicle searches, one probably thinks of searches conducted during traffic stops. Traffic stops, however, are not the only context in which vehicle searches sometimes occur. For example, police sometimes search vehicles that have been impounded.

Search warrant leads to the arrest of 3 men

Being accused of a crime is a serious matter. Individuals who find themselves facing criminal charges will experience a series of events that is unlike any other. The initial phase usually involves moving through the process of being booked into, and hopefully bailed out of, jail. Next, individuals focus on preparing their legal response to the charges against them, which can be complicated. In the wake of a recent police investigation and subsequent search warrant, three Illinois men are preparing to delve into that process.

What happens if police act outside the search warrant terms?

No one ever expects to get arrested and accused of drug possession in one's own home, but it is not unheard of for police to obtain a search warrant and enter an individual's home. Once inside, if police discover a controlled substance and any other items they suspect could be related to drugs, they will seize the items and often arrest individuals inside the home and/or the owner of the property. This is what allegedly happened to a 46-year-old man in Evanston, Illinois. However, the question remains: Could police have acted outside the search warrant terms in this case?

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