Chicago Criminal Lawyer Blog
Why Chicago Drivers Get Themselves Into Trouble Trying to Be Polite
I have defended thousands of criminal cases in Chicago, and many of them begin the same way. A driver is stopped for a minor traffic issue on the Near West Side, in Rogers Park, or while passing through the South Loop. The officer asks routine questions, then casually asks, “Do you mind if I take a look inside your vehicle?” The driver hesitates and then starts explaining why they would rather not. That explanation becomes the foundation of a criminal case.
Under Illinois law and federal constitutional law, you do not have to explain why you are refusing a vehicle search. In fact, explaining is usually a mistake. When police ask to search your vehicle, they are looking for consent. Consent removes nearly every Fourth Amendment protection you have. Once consent is given, anything discovered is generally admissible, even if the officer had no suspicion beforehand.
