This is the next post in my series on defending against firearm-related charges in Peoria, Illinois. My last article discussed defending federal gun crime charges. It is important for defendants to understand that gun-related charges can stem from illegally possessing a firearm or possessing a firearm during the commission of other offenses. An experienced attorney can help you to better understand your situation and to formulate a defense. In this article I will be discussing how search and seizure issues impact such cases. If you need assistance then contact my office today to speak with a criminal defense lawyer.
The Fourth Amendment requires that law enforcement have “reasonable suspicion” to stop a person
The Fourth Amendment requires that law enforcement have “reasonable suspicion” that someone is engaging in criminal activity in order to stop them in public. Officers who legally stop someone are allowed to conduct a limited search of the individual or their property. Depending on the circumstances, their ability to conduct a search may be expanded. If officers stop an individual without the requisite suspicion, however, then any evidence recovered during the stop may possibly be excluded from the Court’s proceedings. Depending on the nature of the charges, such an exclusion may result in the dismissal of the case.
The foregoing rules are best explained through an example. Suppose Joe, a convicted felon, is driving through an area, at night, which is known for high drug activity. Police officers pull Joe over to “see what’s going on” and inform him that they are patrolling the area. They did not witness Joe breaking any laws or engaging in any traffic infractions. One of the officers sees a gun sitting on the floor in the passenger seat. Joe is ordered out of the vehicle and is arrested for being a felon in possession of a firearm. Given that simply being in a neighborhood at night does not constitute criminal activity, there is a chance that the stop will be seen as having violated the Fourth Amendment. If this is the case then it may be possible to gain a dismissal of the charges. It must be remembered, however, that how a Judge will rule in any given situation will always depend on the facts of the case.
Contact a Peoria lawyer if you believe that police found a gun through the violation of your rights
Whether or not the Fourth Amendment was violated in a case raises complicated questions of fact and law. Minor details can make a major difference in the potential outcome of a hearing. This is why it is strongly suggested that one retain an attorney who has experience in such matters if they believe that police violated their rights and found a gun as a result. Counsel will obtain the police reports and any other discovery, and will conduct any necessary investigations, in order to determine whether search and seizure issues are present in one’s case. If such issues are present, then counsel can file any necessary Motions on the Defendant’s behalf.
If you are in need of assistance then contact my office today to speak with a Peoria gun crimes lawyer. I am a former prosecutor who devotes his practice to protecting the rights of the accused and my firm will give your case the attention it both needs and deserves. I pride myself on providing quality service and I look forward to being of assistance. We look forward to speaking with you. In addition to Peoria, 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.