When Do Police Need a Warrant to Search My Home in Illinois?

 Posted on February 02, 2021 in Criminal Law

In the state of Illinois, there are hundreds of crimes that you could be accused of committing, ranging from petty traffic violations to serious felony offenses that could change your life forever. Depending on the severity of your case, the prosecutor will determine what kind of evidence he or she needs to build a case against you. Evidentiary items, such as specific objects, weapons, or even DNA are typically taken from the scene where the crime was alleged to have taken place. However, in many cases, the police may opt to search your home or even your vehicle if you are charged with a crime. Under the Fourth Amendment to the United States Constitution, each person has certain rights and protections with regard to searches and seizures. If those rights are violated, the validity of the evidence obtained during the search and seizure may become compromised. 

Issuing the Search Warrant

The right against an unreasonable search and seizure is one of the most basic rights awarded to every person in the country. In most cases, police almost always need a search warrant to enter and search your home. A search warrant is issued by a judge and contains information about a location that police are to search for evidence or for individuals connected with the crime. The warrant should describe the location of the objects that are meant to be seized and the actual object or person they want to seize.

Suppressing Evidence Obtained During Illegal Searches

Once the warrant has been given to the judge, it is up to the judge to determine whether or not a warrant is necessary to gain enough evidence to arrest and convict the accused. If the judge determines that more evidence is needed, then the warrant is granted and the search is carried out.

However, if the defendant feels as if the search and seizure was not carried out legally, they have the right to request a motion to suppress evidence that was illegally seized. In the motion, the defense must argue that at least one of the following is true:

• The search and seizure was conducted without a warrant.

• The warrant did not contain sufficient information.

• The evidence that was taken from the home is not the evidence that is described in the warrant.

• No probable cause existed for a search warrant to be issued.

• The search warrant was executed illegally.

Contact a Rolling Meadows, IL Criminal Defense Attorney Today

If you have been arrested or charged with a crime in Illinois, you need help from a knowledgeable Arlington Heights, IL criminal defense lawyer as soon as possible. Scott F. Anderson, Attorney at Law will examine your case from every angle, including from a technical standpoint. If the prosecutorial team has made a mistake, Attorney Anderson will find it and use it to your advantage. To arrange a free consultation to discuss how we can help, call our office today at 847-253-3400.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K114-12

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HTit%2E+II&ActID=1966&ChapterID=54&SeqStart=9100000&SeqEnd=16000000