Broadly speaking, the law in Chicago gives the police power to search and seize items if and when they suspect that those items are relevant to the commission or investigation of a crime. However, some law enforcement agencies have abused this power resulting in the interventions of senior courts to…
Articles Posted in Search and Seizure
When are the Police Allowed to Search Your Home?
If a police officer shows up at your door and demand you open it, you may feel as if you have no option but to allow the officer into your home. Many people are intimidated by the authority of the police or frightened at the idea of disagreeing with the…
Chicago Police Storm Home, Arrest Man for Walking Down Street
A Southside Chicago man claims that Chicago police stormed his home, placed him in a chokehold and arrested him for doing nothing more than walking down the street. Police arrested the man on misdemeanor counts of battery, resisting arrest, and possession of a deadly weapon. The man’s niece captured the…
Chicago Criminal Defendants and Miranda Warnings
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Thanks to the proliferation of television crime shows, you…
United States Supreme Court Bans Cell Phone Searches
The United States Supreme Court strengthened an individual’s right to be free from unlawful search and seizures last week when it ruled that, barring certain limited exceptions, law enforcement may not search a criminal suspect’s cell phone without a warrant. Riley v. California Bans Warrantless Cell Phone Searches Riley v.…
Illinois Appellate Court Overturns Conviction Due to Unlawful Search and Seizure
Once again Chicago police violated a citizen’s Fourth Amendment right against unlawful search and seizure. On April 30, the Illinois Appellate Court issued a ruling in People v. Sims re-affirming that police must have a reasonable suspicion of criminal activity before they can stop and search an individual. People v.…
Illinois Police Conduct Unlawful Search and Seizure in Traffic Stop
The Fourth Amendment of the United States Constitution protects citizens from unlawful searches and seizures. Yet it is the most frequently violated civil right, and on March 20th the Illinois Supreme Court ruled that yet another police officer violated that right by conducting an illegal search and seizure. If a…
Chicago Criminal Defense of Stop and Frisk
It’s a hot Chicago night, and you and some friends are outside, laughing and joking in an attempt to beat the summer heat. Two police officers approach and ask what’s going on. Not wanting trouble, you and your buddies turn and walk away. The officer repeats his question, a bit…
Chicago Drug Crimes – Should Chicago Implement the “Stop, Question and Frisk” NYPD Policy?
Have you ever been stopped by the Chicago Police for no apparent reason and are now facing Chicago drug charges? You can most likely relate to the following recent story out of New York City. Following a $14,000 March, 2013 settlement to a Brooklyn man who claimed he was illegally…
Chicago Arrest News – Is Your Cell Phone Protected from Searches Incident to Arrest?
Living in Chicago, many people have unfortunately been subject to unlawful search and seizure by the Chicago Police Department. That’s the question two federal appellate judges are pushing the Supreme Court to decide. The U.S Supreme Court held over forty years ago that police who arrest someone have the authority…