This is my next post in a series of articles which address the topic of money laundering charges in Peoria, Illinois. My last article discussed the penalties for this offense based on the level of felony charge and how penalties can be elevated when there are additional charges. It also pointed out how important it is to retain an attorney upon being arrested. In fact, seeking legal counsel is the first thing you should do if you find yourself in such a situation. In this article, I will address how search and seizure issues impact money laundering cases. If you need assistance then contact my office today to speak with a criminal defense lawyer.
Illinois money laundering charges may be dismissed if law enforcement illegally obtained evidence
Search and seizure issues can be critical in money laundering cases and can make the difference between a conviction or a dismissal. The Fourth Amendment to The U.S. Constitution protects people from unlawful intrusions by the government.
It states that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue [without probable cause].”
This Constitutional protection extends to digital devices such as computers, phones, data stored on the cloud, and more. The U.S. Supreme Court established in Riley v. California (2014) that digital devices and “all they contain and all they may reveal” are included in such Constitutional protections against unlawful searches and seizures. Law enforcement is required to obtain a valid warrant based on probable cause before accessing such data. A warrant for digital data typically needs to be specific in scope rather than overly broad or vague. Any evidence obtained without the proper legal authority may be deemed inadmissible in Court. Prosecutors may need to dismiss these charges when important evidence is excluded as the case could be significantly weakened.
Consider this example. Law enforcement suspects an individual of laundering money and seizes their laptop without a warrant. The defense can file a Motion to Suppress the evidence if law enforcement searched the laptop without first obtaining a warrant to access its contents. All of the evidence gathered from the laptop could be excluded from court proceedings if the Judge agrees that the individual’s Fourth Amendment rights were violated. Depending on the circumstances, the prosecution may no longer have enough evidence to pursue the case successfully. This, in turn, can lead to a dismissal. While it must be remembered that any outcome will depend on the specific facts of a case, this example demonstrates how the Fourth Amendment can apply in such instances.
Understanding the process for Peoria residents to request the exclusion of evidence
A defendant can ask the Court to exclude evidence by filing a Motion to Suppress when they believe that evidence was obtained in a violation of their Constitutional rights. This Motion is a formal legal document that one submits to the judge prior to trial that argues the evidence should not be allowed because it was obtained illegally. The Court will often schedule an evidentiary hearing once the Motion is filed. Such a hearing allows both sides to present arguments and evidence. The defense may call witnesses and introduce exhibits to demonstrate how the search or seizure violated the individual’s Fourth Amendment rights. The prosecution will often call the officers involved to explain their actions. The judge issues a ruling after considering testimony and arguments from both sides. The evidence in question is excluded and cannot be used at trial if the judge grants the Motion.
The process of requesting the exclusion of evidence is highly complicated even though it seems fairly straightforward. Filing a Motion to Suppress requires an in-depth knowledge of Constitutional law, procedural rules, and the specific facts of the case. All of the formal rules of evidence and courtroom procedure apply to the evidentiary hearing. Legal arguments often include nuanced interpretations of constitutional case law, furthering the complexity of this process. Individuals facing criminal charges should not attempt to handle a suppression Motion without skilled legal counsel as they help to ensure the Motion is properly prepared and procedurally sound.
Money laundering cases can be complicated because of constitutional elements. I am a Peoria criminal defense lawyer with significant experience in these matters. I am a former prosecutor and I take pride in giving each client respect and aggressive representation. Contact my office online or by telephone today if you or a loved one needs assistance. I 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.