Search and Seizure

Search and seizure laws are often misunderstood. Some people might think that law enforcement officers can take anything they want and others might think that law enforcement officers don’t have the right to take anything. The truth is that searches and seizures are governed by the principles set in the Fourth Amendment. What some people might not realize is that…

A defendant who is facing drug charges or any other criminal charges must take the time to explore all possible defense options. In the case of criminal charges that result from a search or seizure, scrutinizing the circumstances of the search and seizure might open up a defense option. As we discussed in our previous blog, your reasonable expectation of…

There are several components of the Fourth Amendment that Americans should be familiar with. Most are familiar with some of the protections that this amendment gives regarding the need for search warrants in many cases. There are, however, some finer points that you should know. One of these is how the expectation of privacy affects your rights. In order to…

When you are stopped by the police or the police show up at your door, you should understand your rights. It is vital that you ensure your rights are respected and protected when you deal with police officers. One of your rights is the right to have legal representation. That is one of the rights you should exercise right away.…

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…

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…

Police searches often play a fairly major role in drug cases. Police have many different requirements placed on them when it comes to property searches. One term that individuals may hear thrown around quite a bit when it comes to these requirements is probable cause. Generally speaking, probable cause is a requirement regarding the level of information authorities need to…

Two men are facing weapon and drug allegations following a recent traffic stop here in Illinois. On June 7, a car was traveling along Interstate 57 in Champaign County. The car contained: a 44-year-old man from Mississippi (the driver), a 27-year-old man from Harvey and three children. Authorities say that the three kids were not seated in car seats. Authorities…

When drug charges result from a traffic stop, one of the most important things to consider in defense of the suspect is whether police followed the proper procedure when pulling over the vehicle. Often, regardless of what prosecutors claim, there is doubt as to whether police had probable cause to stop the driver. There is also the question of whether…

In our last post, we continued speaking about the topic of search and seizure. As we’ve noted, police are bound by various procedural requirements in conducting these activities, and failure to follow those procedures can result in exclusion of incriminating evidence from trial, weakening prosecution’s case. The exclusionary rule, as this is called, is something defense attorneys sometimes make use…