What happens if police act outside the search warrant terms?

| Nov 28, 2014 | Search and Seizure

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?

Authorities entered and searched the man’s residence at approximately 6 a.m. on a recent Friday morning. After entering the residence, authorities say they discovered marijuana, a small quantity of heroin, ammo for a firearm and $1,300 cash. Police seized it all, including the cash, saying that the cash was from drug sales. They also arrested the man, who was in the middle of serving parole through the Illinois Department of Corrections.

The search and seize and arrest operation culminated in several charges against the man. He has been charged with misdemeanor possession of marijuana and felony possession of a controlled substance. No further information pertaining to the incident has been released by authorities at this time; however, police do claim that they had a search warrant to search the man’s residence. 

Police in Illinois must follow specific rules and procedures whenever they enter and search an individual’s residence. While we cannot know for sure what happened in the case described above, in some situations, an arrest may occur after police act outside the search warrant terms. When this happens, an Illinois resident may have a strong criminal defense against any kind of charges that come forth out of the unlawful search and seize operation. 

Source: patch.com, “Police Seize Heroin, Pot and About $1,300 in Drug Money From Evanston Home“, Joe Vince, Nov. 24, 2014

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