Chicago, IL asked in Criminal Law, Civil Rights and Constitutional Law for Illinois

Q: Unlawful arrest illegal search and seziure

I had a friend whom had charges filed on him by a mad ex girlfriend he had come and stayed in my home a few times. Police came and arrestwd me on a misdemeanor traffic warrant and hour later returned to arrest him,he volunteered to give up and walked out to themlocking soor behind him,the ploice then returned tellin my handicap girlfriend tht they needed to searxh the home they had no warrant or justification or reason to enter or seach home, this illegal search and seziure

3 Lawyer Answers
James G. Dimeas
James G. Dimeas
PREMIUM
Answered
  • Criminal Law Lawyer
  • Schaumburg, IL
  • Licensed in Illinois

A: It's entirely possible that the search of the house was illegal. As a general rule, the police must have a warrant to conduct a search of a residence but there are many exceptions. You should consult with an experienced criminal defense lawyer who can review the evidence to determine whether a Motion to Suppress should be filed in this case.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: Both of you need to hire attorneys. Only your attorney will be able to review the case to determine if there is an issue with the search. The sooner an attorney is hired, the better.

Brian Morgan
Brian Morgan
Answered
  • Criminal Law Lawyer
  • Rockford, IL
  • Licensed in Illinois

A: Often times our friends, the police, say things that can only be called lies. Depending on whether or not anyone gave consent to search the home is a question for the judge to answer.

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