Search and Seizure in Illinois
When Can Police Legally Stop and Search You?
Law enforcement officers cannot stop an individual based on mere curiosity or an unsubstantiated feeling that something is wrong. According to the U.S. Supreme Court case Terry v. Ohio, officers may only detain someone on the street if they have "reasonable suspicion" that the person is involved in, or about to be involved in, criminal activity.
For a stop to be legally justified, an officer must be able to point to specific facts—considered in combination with their training and experience—that indicate potential wrongdoing. The duration and scope of the stop must be limited to what is necessary to investigate the suspected crime.
If an officer has reason to believe that the individual is armed or otherwise poses a threat, they are allowed to conduct a limited pat-down search for weapons. Should the stop result in the discovery of evidence confirming criminal behavior, the officer has grounds to place the individual under arrest.
Understanding your rights in these situations is crucial, and if you believe you were unlawfully stopped or searched, seeking legal counsel is highly recommended.
When Can Illinois Police Legally Stop Your Vehicle?
In Illinois, law enforcement officers are only permitted to pull over a vehicle if they have “reasonable suspicion” that the driver is currently engaging in, or is about to engage in, criminal activity. This standard requires more than just a mere “hunch” or vague intuition. Instead, officers must be able to point to specific facts that, based on their training and experience, suggest unlawful behavior.
Certain traffic infractions can serve as valid reasons for a traffic stop. For instance, running a red light, exceeding the speed limit, making an improper lane change, or having a broken tail light are all violations that can justify pulling a driver over. However, an officer cannot stop a vehicle solely based on a person’s appearance or any other characteristic that does not indicate criminal conduct.
What Can Officers Do During a Traffic Stop?
Once an officer has lawfully stopped a vehicle, they may ask the driver to step out of the car for safety reasons. Additionally, they are allowed to visually inspect areas within the driver’s immediate reach to ensure there are no threats. However, the officer’s authority is limited to the reason for the initial stop.
For example, if an officer pulls someone over for speeding, they are permitted to request the driver’s license and proof of insurance and issue a citation. They cannot, however, conduct a full-scale investigation into unrelated matters—such as searching for drugs—unless new facts emerge that provide reasonable suspicion of additional criminal activity. If such evidence arises, then and only then may officers extend their investigation beyond the original reason for the stop.
What Happens if Officers Violate These Rules?
If police fail to follow these legal guidelines, any evidence obtained as a result of the improper stop or search may be excluded from court proceedings. To challenge unlawfully obtained evidence, a Motion must be filed with the court explaining how the officer’s actions violated the law. The court will then hold a hearing to determine whether the evidence should be suppressed.
Depending on the specifics of the case, the suppression of evidence can sometimes result in the dismissal of charges altogether. Because search and seizure laws are complex, it is crucial to have an attorney with experience in these matters to protect your rights.
If you have been accused of crime and feel your rights may have been violated, it is important to seek the guidance of a skilled criminal defense attorney. Libertyville attorney, Alan Lenczycki, has 17+ years of criminal law experience in Lake County, McHenry County, and Cook County, and will gladly discuss your case in a free initial consultation. Contact him today.
