This is the next article in my discussion on the handling of Class 2 felony theft charges in our area. My last article discussed whether Peoria, IL, residents can receive probation for theft. While the answer to this question may be “yes,” it should be remembered that whether or not to grant a term of supervision will be within the Judge’s discretion. An attorney can assist you with making the best possible argument to the Court. In this post, I will be discussing how search and seizure issues can impact such cases. If you or a family member are in need of assistance then contact my office today to speak with a criminal defense lawyer.
The Fourth Amendment bars police and other government officials from performing a warrantless search of a person or their property. Moreover, an individual may only be detained by police if they have “reasonable suspicion” that such a person is engaging in criminal activity. If police have such a suspicion, then they are generally limited in their ability to search a person without first obtaining a warrant. If a person is detained, or a search is conducted, in violation of these principles, then any evidence obtained as a result may be excluded from the Court’s proceedings. If this evidence includes actual stolen merchandise or items, then it may be possible to gain a dismissal of the charges.
Consider the following example. A jewelry store calls the police after someone has stolen a $25,000 necklace from the display case. Security footage, however, is unable to show a clear image of the person. Later that evening, law enforcement sees an individual sitting in his car in a restaurant parking lot. The individual is in an area known for drug activity. Without a warrant or any other information, the police order the individual out of his car. Without his permission, the police search the inside of the vehicle and find the necklace in his glove box. He is arrested for theft. Given that simply sitting in one’s car is not a crime, there is a good chance that the detention of the individual and the search would be unconstitutional. There is a chance, on these facts, that the charges would be dismissed.
The first step in challenging a stop by law enforcement is to file a Motion with the Court. The Judge will typically hold an evidentiary hearing at which the arresting officers will testify. The Court will issue its decision either at or shortly after this hearing. Whether the types of search and seizure issues, described above, will result in a dismissal will depend on the facts of the case. If, for example, the prosecution still has admissible evidence which it can rely on or, if the person is facing additional charges not impacted by the search and seizure issues, then the case may move forward. How the presence of a Fourth Amendment violation will impact the matter is something which should be discussed with an attorney.
If you or a family member have been arrested then contact my office today to speak with a Peoria theft lawyer. The concepts discussed above, involving the Fourth Amendment, involve several “exceptions” which can be quite nuanced. Having an attorney, who is versed in this area of law, can be vital. I am a former prosecutor who devotes a substantial portion of his practice to protecting the rights of the accused. I understand that this is an important time in your life and my firm will give your case the attention it deserves. Contact us online or by telephone today to schedule an appointment. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.