Chicago Criminal Lawyer Blog
Illegal DUI Stops in Chicago Happen More Often Than People Realize
Many DUI cases in Chicago begin with a traffic stop that may not be legally justified. Police officers must follow both federal constitutional standards and Illinois law before stopping a driver. When officers fail to meet these requirements, the entire case may be challenged. For individuals charged with DUI in Cook County, understanding whether the stop was lawful is often one of the most important issues in the case.
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. A traffic stop qualifies as a seizure under federal law. That means officers must have reasonable suspicion or probable cause before stopping a vehicle. Reasonable suspicion requires specific facts that suggest a traffic violation or criminal activity. Probable cause requires stronger evidence that a violation has occurred.
