We handled countless cases where the police acted unlawfully in the methods listed above. This resulted in favorable outcomes for the defendants whose cases were dismissed or had charges severely reduced. Whenever possible, make a note or record any interaction with the police in your home, so that you have evidence of how they conducted their search. As mentioned above, you can reasonably expect privacy in non-emergency situations. But the protections change amid emergency situations. For example, if police are in active pursuit of you and you run through or exit your home, it can later become a crime scene, which they will search.
Further, if they suspect you are destroying evidence, they can take prompt action to seize the evidence and prevent you from damaging it. Hopefully, your interactions with the police are peaceful, despite how nerve-racking it can be. It is important to note that your consent for them to enter and search for evidence — with or without a warrant — allows them to take any evidence they find legally. Matthew's reputation as an attorney is one who thoroughly understands the law and diligently advocates to advance his client's interests.
His practice primarily focuses on representing clients in family law matters. He has assisted hundreds of clients in divorce, custody, guardianship, and termination of parental rights cases. For more on Matthew's experience click here. Elly is a skilled attorney who specializes in divorce and criminal law. Spending the majority of her career in the courtroom, Elly understands how to effectively advocate for her clients who find themselves in the toughest of situations.
Elly has successfully guided clients through trials and difficult hearings in front of judges and commissioners, and has expertly negotiated cases through hundreds of hours of mediation. For more on Elly's experience click here. The exceptions that allow police to enter your person or property without a warrant are as follows: Search incident to lawful arrest - the police enter a home to make an arrest.
They can search the immediate area of the arrest. Plain Sight - Police are lawfully in a place where they can see evidence in plain sight. Sometimes the police need a warrant to conduct a search or make an arrest; other times they do not need one. In Illinois, the state or city police cannot enforce a civil immigration warrant or detainer. In most cases, police officers cannot enter your home without a warrant.
In fact, in most cases you can tell them no if they ask to come into your home. If they do have a warrant, what they can do depends on what type of warrant they have. With a search warrant, the police may search any of the areas described in the warrant, including any containers large enough to hold the evidence they are looking for.
With an arrest warrant, they can search the person named in the arrest warrant, as well as the area right around that person. It depends. Usually, the police do not need a warrant to search a car. The rules for entering or searching a car are very different from the rules for searching your home.
If the police have a reasonable belief that evidence or illegal items will be found in the car, they can search your car for those things. This is also called probable cause.
However, even if the police do not have probable cause, they can still search the car if the driver or a passenger in the car has been arrested. They generally cannot search the trunk or other locked compartment.
However, they can if the car is going to be towed away. As soon as possible after the search, write down all of the details that you can remember, including the:.
You can then contact a lawyer to discuss the situation. You can contact your city or county to file a damage claim. Chicago Claims Unit 2 N. La Salle St.
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