​​Unlawful Search and Seizure in Drug Possession Cases in Chicago

Being charged with drug possession is a big deal and can lead to serious consequences. But if the evidence against you was obtained through an illegal search, it can really hurt your case. In Chicago, the Fourth Amendment protects you from unreasonable searches and seizures, so it’s important to know your rights when you’re facing a drug charge.

If you’ve been arrested for drug possession, a drug possession lawyer can help you challenge the illegal evidence and get your charges reduced or dismissed. This blog will explain how unlawful search and seizure affects drug possession cases in Chicago and how an attorney can help you defend your case.

What are Unlawful Search and Seizure Charges in Chicago?

The Fourth Amendment to the U.S. Constitution is supposed to protect you from unreasonable searches and seizures by the police. In Chicago, like the rest of the country, police have to follow strict procedures when they search. They have to either get a warrant based on probable cause or have reasonable suspicion that a crime is being committed.

An illegal search occurs when they bypass those procedures. The Exclusionary Rule says evidence obtained through an unlawful search can’t be used in court. This applies in Chicago, Illinois and can be a big defense in drug possession cases.

How Does Illegal Search and Seizure Affect a Drug Possession Charge in Chicago?

In Chicago, if the police violate your Fourth Amendment rights during a drug possession arrest, any evidence they seized illegally may be suppressed. That means drugs found in your car, home or even on you. Here’s how the legality of the search can impact your case:

Legal Search and Seizure Example

You get pulled over in Chicago for a traffic violation and the officer smells marijuana. In this case the officer has probable cause and searching your car is legal. If drugs are found they can be used against you.

Illegal Search and Seizure Example

But if you weren’t pulled over for a valid reason, like just driving normally, and the officer searches your car with no reason or warrant, the search is illegal. If your drug possession lawyer can show the search was illegal the evidence obtained during that search can be suppressed and your charges may be dismissed.For more information on search and seizure laws in Illinois check out the Illinois Compiled Statutes – Criminal Procedure.

When is a Police Search Legal or Reasonable in Chicago?

There are times when the police can search without a warrant in Chicago. Those exceptions to the warrant requirement include:

• Consent: If you consent to a search the police don’t need a warrant.
• Probable Cause: Officers can search without a warrant if they have a reasonable belief that illegal items are present, like seeing drugs in plain sight or smelling contraband.
• Exigent Circumstances: In cases where there is an immediate risk of harm or destruction of evidence the police can search without a warrant.
• Search Incident to Arrest: If you’re arrested the police can search you and your immediate surroundings for evidence related to the arrest.

Knowing when a search is legal is important because it can determine if the evidence against you is admissible in court.

How Can a Drug Possession Lawyer Help in Chicago?

A drug possession lawyer in Chicago can make a big difference in your case. Here’s how:

• Investigate the Legality of the Search: Your lawyer will look into whether the police had a valid reason to search you or your property. This includes reviewing traffic stops, searches of vehicles, homes and even phone searches.
• Challenge the Evidence: If your attorney determines the search was illegal they can file a motion to suppress the evidence. If the judge agrees the drugs found in the illegal search may be excluded from the case.
• Build a Strong Defense: A drug possession lawyer can argue the evidence against you is insufficient and get your charges reduced or dismissed. They may also explore other defenses like lack of possession or mistaken identity.
• Negotiate with Prosecutors: With a strong defense in place your lawyer can negotiate with the prosecution for a good outcome. This could be reduced charges or alternative sentencing like diversion programs or rehabilitation.

Defend Your Rights with a Drug Possession Lawyer in Chicago

An unlawful search and seizure can hurt your drug possession case but with the help of a drug possession lawyer in Chicago you can protect your rights. If your constitutional rights were violated during the search your lawyer can make sure illegally obtained evidence is excluded and potentially get a good outcome in your case. Call Sami Azhari today!