Category: Search and Seizure

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Search and Seizure

Can I be arrested or searched without a valid warrant?

One of the primary questions people have when they are subjected to a search by police officers is whether the search is legal. The requirements for a legal search are set forth by the Fourth Amendment. While many people think that the only way police officers can perform a search is with a warrant, that isn’t the case. Warrantless searches are lawful as long as they meet the requirements for being reasonable. Can a police...

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Search and Seizure

Scrutinize every step in search and seizure procedures

In our last blog post, we discussed various aspects that pertain to search and seizure laws. That post brought up some important points about the rights of citizens. We know that it can sometimes be difficult to know exactly what your rights are when you are dealing with the police. We can help you to ensure that your rights remain protected throughout your encounters with officers. We know that having to face any drug charge...

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Search and Seizure

Is a search warrant needed to search my vehicle?

A big question that some people have when they are pulled over by police is whether it is legal for police to search their vehicle or not. While there are some protections noted in the Fourth Amendment for citizens, there are some special circumstances that might mean police officers can legally search your vehicle. Do police officers always need a warrant to search my vehicle? In short, police officers don’t always need a warrant to...

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Search and Seizure

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. According to reports, officers with the Chicago Police Department went to seven homes with search warrants and seized $50,000...

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Search and Seizure

‘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. Now, there are some situations in which a search or seizure might not trigger the standard Fourth Amendment protections....

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Search and Seizure

Officers in Chicago must follow search and seizure laws

All too often, we hear of cases where a defendant pleads guilty to a drug charge, without first learning about the legal avenues that may have been available. At the Law Offices of Damon M. Cheronis, we understand just how much a drug charge can impact a person’s life, even after he or she has served their time and paid their fines. For example, many employers are wary of hiring someone with a criminal record....

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Search and Seizure

Searches incident to an arrest

One of the things that evidence in a drug case sometimes comes from is a search police conducted of the suspect’s person. It is worth noting that there are multiple situations in which police are allowed to conduct a search of a person without a warrant. One of these situations is when an officer has just arrested an individual. Searches police conduct of a person right after arresting them are generally called searches incident to...

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Search and Seizure

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. However, an unconstitutional action by police can render more evidence inadmissible than just the evidence directly acquired by it. This is due...

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Search and Seizure

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...

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A lawyer who truly cares and listens to his clients. Damon, is a lawyer who truly cares and listens to his clients. He was totally prepared for the case so he was never surprised by the prosecutions evidence or arguments. He and was able to put the prosecutors in a defensive mode. He was by far the best attorney in the court room. I would highly recommend him to everyone.

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