Subscribe to this list via RSS Blog posts tagged in illegal searches

Arlington Heights, IL defense attorney

There are a number of things that can cause a police officer to pull you over. Maybe your tail light was out, you did not use your turn signal, or you ran a red light. A police officer will likely pull you over for such violations. In some situations, an officer may request to search your vehicle. While the aforementioned violations could constitute a legal traffic stop, is it legal if the officer requests to search your vehicle? Technically, there are certain circumstances in which a police officer can search your vehicle without a warrant.

Police Searches of Vehicles

The Fourth Amendment to the United States Constitution states U.S. citizens have the right to “be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This means police cannot search your property for no reason. There are only a handful of situations in which a police officer can legally search your car without a search warrant.


smartphones, mobile devices, Arlington Heights Criminal Defense AttorneyMobile devices and smartphones are so common that it feels like they have always been a part of our lives. It may be hard to believe, but most people in North America have only been using some type of mobile, cellular device for roughly the last twenty years. Regardless of whether your device is a base model cellular phone or the latest smartphone, there is an abundance of information about you, your contacts and your activities stored within the device.

A recent criminal case in California regarding the warrantless seizure of a cellphone was appealed and heard eventually by the  U.S. Supreme Court. This lead to the Court affirming its position on the unique distinction smartphones and cellular phones deserve as devices with significant data and personal information storage records. As such, law enforcement is required to obtain a search warrant before searching a suspect’s mobile device.

Chief Justice Roberts Links Decision to the American Revolution