This is the next post in my series on defending against first-time drug offenses in Peoria and other Illinois areas. My last article explained the difference between misdemeanor and felony drug charges. It is important to note that cases of both types should be taken very seriously and any criminal defendant faces substantial consequences. In this article I will be addressing how search and seizure issues impact such matters. If you or a family member are in need of assistance then contact my office today to schedule an initial consultation.
Illinois state and local police must have reasonable suspicion of criminal activity to stop an individual
The Fourth Amendment to the US Constitution prohibits law enforcement from conducting an “unreasonable search and seizure” of an individual or their property. In order to stop an individual, law enforcement must have “reasonable suspicion” that the person is engaging in criminal activity. If someone is stopped then, depending on the circumstances, police may have the right to conduct a limited search of their person or property. If an individual is stopped without the requisite suspicion, and drugs are discovered, then it may be possible to have those narcotics excluded from evidence. Such a ruling from the Judge may, if there are no other charges, result in a dismissal of the case.
Consider the following example. Joe is walking down the sidewalk in an area known for high drug activity. There is nothing suspicious about his conduct and the police stop him to “ask him a few questions.” Joe appears nervous and, as a result, the officers order him to place his hands on the hood of the car and pat him down. They find drugs in his pocket and he is arrested for a first-offense. Being in a high crime area does not, in and of itself, provide reasonable suspicion that an individual is engaging in criminal activity. Based on these facts, a Court may rule that law enforcement did not have the right to stop and detain Joe. This would mean that the subsequent pat-down would have been unconstitutional and the charges may be dismissed. Remember, however, that how the Court will rule is always going to depend on the specifics of the case.
Retain a criminal defense lawyer if you believe your rights were violated
If you or a loved one believe that your rights were violated by law enforcement then it is important to contact a criminal defense lawyer as soon as possible. Fourth Amendment law is highly complicated and has many nuances. Small facts in a case can make the difference as to whether or not the evidence will be excluded from the Court’s proceedings. As a former prosecutor who devotes his practice to protecting the rights of the accused, I am familiar with the handling of such matters. If you are facing first-time drug charges then contact my office today to speak with an attorney. 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.