This is the next article in my series on the handling of felony cases in our area which involve acts of violence. My last article discussed defending Peoria, Illinois violent felony charges as a general matter. It is important to understand that how to best defend a given case will always depend on the specifics of the situation. An experienced attorney will assist you with determining how to best proceed. This article will continue that discussion by looking at how search and seizure issues can impact these types of cases. If you need assistance then contact my office today to speak with a criminal defense lawyer.
Fourth amendment violations sometimes arise in violent crimes which involve weapons
The Fourth Amendment to the United States Constitution prohibits law enforcement from conducting an “unreasonable search and seizure.” Under the amendment, law enforcement may not stop an individual on the street unless they have “reasonable suspicion” that the individual is engaging in criminal activity. Moreover, a search warrant is often needed to conduct an extensive search of an individual’s home or property. If law enforcement stops an individual, and finds a weapon, then any recovered evidence may be inadmissible if the Court finds that the Fourth Amendment was violated. Depending on the nature of the charges, this could lead to a dismissal of the case.
Consider the following example. The police receive a call that a tall African-American male, wearing a blue shirt, just pointed a gun at someone in a neighborhood. Police arrive at the scene and, two-blocks away, they spot a tall person matching the description. They stop the person for questioning and pat him down as part of the stop. No weapon is in his person. Upon questioning by the police, the person states that he owns a car that is parked roughly fifty feet away. Without asking his permission, or obtaining a warrant, the police use his keys to open the car and they find a gun inside. Under this scenario, law enforcement likely needed a warrant to search the vehicle. If the Court rules that a warrant was required then the gun would likely be excluded from evidence. How any Court will rule, however, is always going to depend on the facts of the case.
If your attorney believes that the Fourth Amendment has been violated then the first step is for them to file a Motion with Circuit Court. The prosecution will have the opportunity to file a response and an evidentiary hearing will be held. This hearing will typically involve testimony from the arresting officers. The Court will issue its ruling shortly thereafter. The rules of evidence and procedure will be enforced throughout this process.
Retain a Peoria defense lawyer with experience in handling search and seizure issues
The law regarding search and seizure is highly complicated. Whether or not law enforcement had “reasonable suspicion” to stop someone, or whether a warrant was required, is a highly fact-specific inquiry and the outcome can vary based on a seemingly small detail. Retaining an attorney with experience in such matters can make the difference in properly determining whether your rights were violated. I am a former prosecutor who is familiar with the workings of our local court system. I am well-versed in Fourth Amendment law and I believe everyone is entitled to a strong defense. Contact my office today, if you have been charged with a felony, to speak with a Peoria violent crimes lawyer. I look forward to speaking with you.
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.