Chicago Criminal Lawyer Blog
The question of whether police can search your trunk without a warrant is one of the most common issues in Illinois criminal defense. Chicago drivers are stopped every day for minor traffic violations, and officers sometimes expand those stops into full-blown criminal investigations. Understanding your rights and the limits of police power is essential.
Constitutional and Illinois Protections
The Fourth Amendment provides protection against unreasonable searches. Illinois law mirrors this protection in Article I, Section 6 of the state constitution. Courts recognize exceptions, including consent, probable cause, and the automobile exception. These exceptions often determine whether a trunk search will hold up in court.
Common Crimes Tied to Trunk Searches
Trunk searches often lead to charges for drug possession, unlawful use of a weapon, or DUI involving prescription medication. Misdemeanor cases may involve small quantities of drugs or paraphernalia, while felony cases may involve larger quantities or allegations of distribution. Illinois law under 720 ILCS 570 covers controlled substances, and under 625 ILCS 5/11-501 addresses DUI, including impairment by prescription medication.
Criminal Case Stages in Illinois
After a traffic stop and trunk search, the case proceeds through several stages. Arrest is followed by booking. Prosecutors then decide what charges to file. The case moves into arraignment, pretrial motions, discovery, and potentially trial. At each stage, an attorney plays a critical role. Suppression motions are usually filed during pretrial. Discovery allows the defense to examine police reports, lab results, and video evidence. Trials determine guilt or innocence before a judge or jury.
Consequences of Conviction
The penalties for crimes stemming from trunk searches vary. A Class A misdemeanor can result in up to one year in jail and fines up to $2,500. A Class 4 felony carries one to three years in prison and fines up to $25,000. Higher-level felonies can result in decades of imprisonment. Beyond these punishments, a conviction impacts employment, education, and family life. Employers in Chicago and surrounding suburbs conduct background checks, and a criminal record can block opportunities for years.
Example Case Study
Imagine a driver in the Humboldt Park neighborhood is pulled over for speeding. The officer claims the driver appeared impaired. After ordering the driver out, the officer claims to see a bottle cap of pills in the back seat and uses that as a basis to search the trunk. Inside, multiple prescription bottles are discovered, some without labels. The driver is charged with possession and DUI due to alleged impairment.
The defense strategy here would involve attacking the officer’s justification for opening the trunk. Did seeing a pill cap in the back seat really provide probable cause to believe the trunk contained evidence of a crime? If not, the entire trunk search could be ruled unlawful. Motions to suppress would be filed, and if granted, the case could collapse.
Evidence Considered in Illinois Courts
Illinois courts examine all evidence collected. Physical evidence includes drugs, pills, and weapons. Lab results must be accurate and reliable. Toxicology tests for DUI must follow strict procedures. Officer bodycam and dashcam recordings provide context but can also reveal rights violations. Eyewitness testimony is sometimes introduced but is often unreliable.
Defense Strategies
Defenses include suppression of illegally obtained evidence, challenging probable cause, showing lawful possession of medication, and questioning impairment claims. In some cases, prescription medication may be proven to be lawfully possessed and properly used, undermining the prosecution’s theory.
Why Legal Counsel is Essential
Without counsel, defendants are at the mercy of aggressive prosecutors. A defense attorney evaluates every piece of evidence, files motions, and negotiates with the prosecution. In many cases, representation can result in charges being reduced or dismissed. Self-represented defendants rarely succeed because the legal system is complex and heavily tilted in favor of the state.
Selecting an Attorney in Illinois
The qualities you want include courtroom confidence, skill in suppression hearings, and a history of defending Illinois trunk search cases. During your consultation, ask what defenses are possible, how often suppression succeeds in local courts, and what outcomes you can realistically expect.
The Law Offices of David L. Freidberg
This firm has decades of experience defending clients in Chicago and across Illinois. With a reputation for challenging unlawful searches, The Law Offices of David L. Freidberg provides clients with aggressive representation from start to finish.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
