The Fourth Amendment to the U.S. Constitution places specific limits on the power of the police to make arrests, search people and their property, and to seize objects and items, including contraband, such as illegal drugs or weapons. The Fourth Amendment also requires that all search and arrest warrants be judicially sanctioned and supported by probable cause. When it comes to searches and seizures of cars and other vehicles, however, search warrants usually are not needed or used if authorities are given consent to search and/or the search of the car or vehicle take place as an incident to a lawful arrest (meaning the arrest is supported by probable cause) of the driver or a passenger. If you or someone you know has been arrested on drug charges in Chicago, Evanston or Cicero, Illinois, as a result of an illegal or unlawful vehicle search, you need a knowledgeable and experienced Chicago drug crime defense lawyer, who is capable of investigating the actions of law enforcement officials in your case.
Privacy and the expectation of privacy are issues at the heart of the Fourth Amendment to the U.S. Constitution. Many people are surprised to learn, however, that when it comes to vehicles, enforcement of the warrant requirement is less strict because a person's expectation of privacy with respect to his or her car is lower than the expectation of privacy with respect to his or her home. Also automobiles, because they are mobile, can create 'exigent circumstances' that also lower one's expectation of privacy.
However, searching a car that is parked on private property removes exigent circumstances in many cases and, because of this distinction, is likely that strict compliance with warrant requirements will be followed by authorities. Other distinctions exist as well that complicate search and seizure laws with respect to vehicles and whether they are stationary or drivers were being pulled over by authorities. Because of this, if you or someone you know was arrested for crimes as a result of possible illegal or unlawful search or your vehicle or home or other premises in Chicago, it is vital that you retain the services of a knowledgeable and aggressive Chicago criminal defense lawyer from the Law Offices of Michael P. Schmiege. The legal team at this firm will thoroughly investigate your case, evaluate the evidence against you, and submit any necessary motion to suppress evidence that may have been obtained illegally.
Contact a Chicago drug crime defense attorney from the Law Offices of Michael P. Schmiege today if you have been arrested after an illegal or improper vehicle search.
"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"
"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."
"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."