This is my next post in a series of articles which address the defense of Class 3 felony theft charges in Peoria, Illinois. My last article addressed what constitutes such an offense and the fact that additional charges may escalate consequences. In this article, I will discuss search and seizure issues as they relate to Class 3 felony theft cases. Constitutional protections under the Fourth Amendment can have a significant impact on your case. The way that law enforcement gathers evidence can be a determining factor in whether evidence is admissible in Court or whether it needs to be excluded. If you have been charged with a Class 3 felony then reach out to my office to speak with a Peoria criminal defense lawyer.
The Fourth Amendment of the U.S. Constitution prevents unreasonable searches and seizures by law enforcement
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by the government. Law enforcement officers generally must obtain a search warrant before entering your home, searching your vehicle, or seizing your property. A valid warrant must be issued by a Judge and based on probable cause rather than simply suspicion. The evidence police gather if they conduct a search or seize evidence without a warrant or a legally recognized exception. Failing to do so can lead to evidence being excluded from trial. There are exceptions to the requirement for a valid warrant, however. For example, an officer sees contraband in plain view, the search is a part of some lawful arrests, or the evidence is at a higher risk of being destroyed. Any evidence obtained by police unlawfully may be found to be inadmissible in Court.
Consider the following example. Peoria police are informed that an individual has stored stolen tools in his garage. The officers enter the property, open the garage, and discover the stolen goods. The individual is arrested. The problem is that the police did not obtain a search warrant. If no valid exceptions apply, the defense attorney may file a Motion to Suppress the Evidence. Search and seizure issues like this can arise in theft investigations. A defendant may not know if evidence being used against them was gathered unlawfully or not without effective legal advice.
Contact an experienced attorney if your case involves search and seizure issues
The Fourth Amendment offers important legal protection. It is also a highly complicated area of law. Determining whether a search or seizure was legal requires in-depth knowledge of constitutional law, case precedents, and the specific facts of the case. If you are facing felony theft charges in Peoria and believe your rights may have been violated then contact a criminal defense attorney to schedule an initial consultation. A lawyer can review police reports, search warrants, surveillance footage, and witness statements to determine whether any of your rights have been violated. It is unfortunate that police overstep legal boundaries. But the court system is there to ensure all defendants are treated fairly.
I am a former prosecutor and I have experience handling felony theft cases. I have built my practice on the belief that all people should be well-represented. Reach out to my firm if your case involves search and seizure issues. 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.