Chicago Criminal Lawyer Blog
Understanding Roadside Detention in Chicago Traffic Stops
In Chicago, it’s common for traffic stops to turn into full-blown investigations—sometimes without warning and often without legal justification. One of the most common questions I get as a Chicago criminal defense attorney is, “If I refuse a vehicle search, can they just keep me there longer?”
The answer under both Illinois and federal law is no. Refusing to let police search your vehicle is not a crime. It is a constitutional right, and it does not give the officer permission to prolong the stop or detain you beyond the time it takes to issue a citation or warning.
