The Fourth Amendment of the U.S. Constitution grants every citizen the right to be secure in their own homes. This protection means that law enforcement officers are generally required to have a warrant to enter and search your home. However, situations arise where police may appear at your doorstep seeking…
Articles Posted in Search and Seizure
Illinois Vehicle Stop and Search: Know Your Rights
Police stop and search vehicles every day in Illinois. If your vehicle is stopped and searched by law enforcement, it may be difficult to determine whether or not your rights were violated. Vehicle stops and searches in Illinois are based on the Fourth Amendment of the US Constitution, search warrants,…
Are Drug-Sniffing Dogs Legal at a Traffic Stop?
Just seeing a drug-sniffing dog can be nerve-wracking, and having one sniff your body, compound, car, or belongings can feel like an infringement on your privacy. These dogs are a common sight in airports and functions such as festivals where large crowds of people gather to have fun. Apart from…
Feds Delay R. Kelly Trial After Major Seizure
Federal agents have seized 100 electronic devices after executing a search warrant of R. Kelly’s property. The seizure has resulted in a postponement of R. Kelly’s trial while investigators and prosecutors determine whether or not there is any new information that can potentially be used to charge Kelly with more…
Two Cases of Illegal Search and Seizure by Chicago Police
A police search without a warrant is illegal without consent. It is unlawful for a police officer to enter a person’s home or vehicle without a warrant, without consent, or without an exigent circumstance, such as seeing through a window or hearing domestic violence within the house. Additionally, it is…
Vehicle Searches in Chicago
Vehicle searches can be lawfully carried out in Chicago with or without your consent. The penal code in Chicago gives the police many powers so that they can stop criminals and prevent crime. The law specifies the situations in which the police can search a car. Normally these situations arise…
Do Police Need a Warrant to Search Your Cell Phone?
A cell phone is a mechanical device used for personal and business transactions. Because it is widely available, many people use cell phones to communicate. It is one’s property, kept and protected for privacy. What happens if you are called in for questioning or accused of a crime? Are the…
Fourth Amendment in Chicago: Pat-Down and Reasonable Grounds
The 7th circuit appeal court has just considered the case of Joseph Doornbos. This case highlights some of the important things for residents of Chicago to consider when they are stopped and searched. It specifically looks at pat-downs and whether the police have to have reasonable grounds for suspicion before…
Confiscation and Forfeiture Laws in Chicago
In the legal world, few matters are as controversial as those that allow confiscation and forfeiture by the police. It is something that has dramatically polarized the two sides. It is rare that you will find someone who is neither truly “for” nor truly “against” these laws. Those who are…
The Stop and Search Law: Racial Disparities in Chicago
Few laws have created the angst that is experienced in the stop-and-search era. The basic premise is that if you come from an ethnic minority, then the chances are that you will be more likely to be stripped and searched than a member of the mainstream community, which is primarily…