Call today to schedule a free initial consultation
The Fourth Amendment of the U.S. Constitution protects every citizen from unlawful warrants and illegal searches from police in Illinois. In fact, you are granted this protection even if you are facing criminal charges. That’s because, according to the Constitution, you must feel and remain secure in your home and in person.
If you have been the victim of an illegal search and seizure by the police, you have the right to file police misconduct charges in court. Over the years, the Supreme Court of Illinois and the U.S. Supreme Court have clarified the Amendment rights further to include criminal procedure regulations that apply to different situations.
What is Unreasonable Search and Seizure?
An unreasonable search and seizure violates the Fourth Amendment and is one of the most litigated issues in a criminal case. A police officer can be charged with this if he/she enters, searches, and seizes items from your home without a search warrant and without probable cause to believe evidence of a crime is present on the premises.
A warrant is an order given by a judge, which instructs law enforcement to search a certain location or to arrest an individual. For a warrant to be valid it has to describe the following in detail:
In most cases, police officers cannot enter a home without a warrant and if they do have one, their actions are limited by the details present in that document.
A search warrant will allow them to search all the locations described in it, including containers spacious enough to hide/hold evidence. With an arrest warrant, they can search the individual who is mentioned in the document, along with the area around him/her.
The only way a police officer can enter your home without a warrant is if:
Knowing your rights under the Fourth Amendment can help you maintain a solid case with help from your defense attorney. Get a professional and experienced attorney in Palos Heights, IL, by getting in touch with Michael D. Ettinger and Associates. We offer proactive counsel that can prevent future disputes and have an excellent reputation in courts. Get in touch with us for a consultation today. We have no qualms about fighting for your rights aggressively in court.