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Category: Search and Seizure

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Search and Seizure

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. Now, for many types of searches of a person’s property, police generally need a warrant to conduct the...

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Search and Seizure

The exclusionary rule for illegal searches and seizures

Recently, a woman who was involved in a landmark U.S. Supreme Court case several decades ago involving search and seizure law died. Her death has led to a looking back at her landmark case. The name of the case was Mapp v. Ohio, and the Supreme Court made its ruling in the case in 1961. In the case, the woman was challenging a criminal conviction that had been made against her. The conviction came after...

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Search and Seizure

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,...

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Search and Seizure

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...

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Search and Seizure

Drug seizures a common DEA tool in drug cases

Many different government agencies are involved in the investigation of alleged drug crimes and the enforcement of drug laws. This includes federal agencies, most notably: the U.S. Drug Enforcement Administration. The DEA conducts drug investigations throughout the country. Sometimes, such investigations result in individuals being arrested and federal drug charges being brought. Last year, the DEA made 30,688 arrests here in the United States. One of the major tools that the DEA uses in its...

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Search and Seizure

Some Illinois meth charges can lead to a registry requirement

While being accused of any drug crime involving meth can put a person here in Illinois into a high-stakes situation, the situation can be particularly serious for individuals accused of being involved in the manufacturing of meth. This is because a conviction on charges related to participation in the manufacturing of meth has an added consequence in Illinois. This consequence is a type of consequence that one generally associates with sex crimes, not drug crimes....

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Search and Seizure

In what situations is a search warrant required?

Citizens in Illinois and other parts of the country are protected by the Fourth Amendment, which prohibits illegal searches and seizures. However, there is some confusion as to when a search warrant is required and when a police officer can search you or your possessions without a warrant. Read on to understand the requirements. A person’s home is considered his or her castle, so law enforcement officials are not allowed to suddenly barge into a...

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Search and Seizure

Will police body cameras someday become commonplace?

There are many instances when, during the course of their work, police have interactions with the public. In some instances, these interactions are on friendly terms, while in others they are much less so. Sometimes disputes arise over what occurred during a given police-citizen interaction. A new type of technology that some police departments are starting to use is aimed at adding transparency to the situation when such disputes come up. The technology in question...

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Search and Seizure

What is probable cause when it comes to searches?

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 take a certain action. In relation to searches, probable cause exists if it is shown...

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