Chicago Criminal Lawyer Blog
Know Your Rights Before It’s Too Late
Being stopped by police in Chicago is a stressful situation, and when officers start asking to look through your car or your bag, that stress can quickly turn into panic. Many people consent to searches out of fear or confusion—believing they have no choice. Others are searched without any warning at all. The reality is that not all police searches are legal, and if your rights were violated, your criminal case could be thrown out.
At The Law Offices of David L. Freidberg, we’ve defended clients in hundreds of cases involving car and bag searches throughout Chicago and the surrounding counties. Our experience shows that unlawful searches often happen during what starts as a routine traffic stop or casual street detention. What you do—and what your lawyer does—can change everything about how your case unfolds.
If you’re facing criminal charges that stem from a police search, you may be wondering whether the officers had the right to search your property in the first place. This article will explain how Illinois law defines legal searches, what your rights are during detention, and why working with a criminal defense attorney is essential if you want a fair outcome.
What Counts as a Legal Search During a Police Detention in Illinois?
A detention occurs when a police officer temporarily holds you because they suspect you may be involved in a crime. You’re not under arrest, but you’re also not free to leave. In this gray area, it becomes especially important to understand your constitutional protections.
Under the Fourth Amendment and Illinois law, officers can only search you or your property during a detention if they have one of the following:
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Probable cause to believe a crime has been committed and evidence is present
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A valid warrant
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Voluntary and informed consent
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Reasonable suspicion that you are armed and dangerous (limited to a frisk of your outer clothing)
The laws governing these searches are outlined in 725 ILCS 5/108-1, which sets forth the legal grounds for searches of persons and vehicles. If none of those criteria are met, any search that takes place may be unlawful, and the evidence gathered may be suppressed.
Let’s say you’re pulled over in Chicago’s West Loop for a broken taillight. The officer asks if you have drugs or weapons and then requests to search your trunk. You say “no,” but they do it anyway, claiming you “look nervous.” They find cannabis and arrest you. That search may not hold up in court, especially since under 720 ILCS 550/4, low-level cannabis possession is a civil violation unless the amount exceeds the legal threshold or is combined with intent to distribute.
Police Tactics During Detention That Can Lead to Illegal Searches
Police are trained to identify subtle clues that give them probable cause. But sometimes, those “clues” are weak or fabricated. Officers may claim they smelled marijuana, saw furtive movements, or believed you posed a threat. These statements are often used as legal justification for a search.
In our practice, we’ve seen cases where police fabricated the odor of cannabis or claimed a suspect “consented” to a search when no such agreement occurred. Without legal counsel, defendants often have no idea that the search was unlawful. Worse, prosecutors may rely heavily on the evidence obtained to build their case.
That’s why it’s essential to have your attorney review all reports, video footage, and bodycam recordings. If your lawyer finds inconsistencies, it can form the basis of a suppression motion that could get your charges dropped entirely.
Our firm’s search and seizure litigation record shows how we’ve challenged these cases again and again—with success.
Criminal Charges That Commonly Result From Searches During Detention
Vehicle and bag searches often lead to serious charges in Illinois. Some of the most common offenses tied to these searches include:
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Unlawful Possession of a Firearm (720 ILCS 5/24-1.6): A Class 4 felony or higher depending on prior convictions or the location of the offense (e.g., near a school).
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Possession of Controlled Substances (720 ILCS 570/402): Ranges from a Class 4 felony to a Class X felony based on quantity and type.
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Possession of Stolen Motor Vehicle (625 ILCS 5/4-103): Can be charged as a Class 2 felony.
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Possession of Drug Paraphernalia (720 ILCS 600/3.5): A Class A misdemeanor.
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Aggravated Unlawful Use of a Weapon (720 ILCS 5/24-1.6): Often charged when a firearm is found during a search without a valid FOID or concealed carry license.
The charges you face will depend on what’s discovered during the search and the circumstances of your detention. But regardless of the charge, if the evidence was obtained unlawfully, your defense lawyer can fight to have it excluded.
The Criminal Case Process and Why a Defense Attorney Is Your First Line of Protection
Every criminal case in Illinois begins with either an arrest or the issuance of formal charges. After your first appearance, you’ll move through bond hearings, discovery, pretrial motions, and potentially trial. Throughout each step, your attorney will assess whether your rights were violated and whether the evidence against you should be challenged.
In unlawful search cases, the pretrial stage is often where the battle is won. Filing a motion to suppress evidence obtained through illegal means can make or break the prosecution’s case. If the motion succeeds, charges may be dismissed or reduced drastically.
Our firm handles these motions regularly in Chicago criminal courts. For more about the courtroom process, visit our Cook County defense strategies page.
A Real Case Example: Suppression Victory in a Traffic Stop Search
We recently defended a client pulled over in Oak Park for a traffic infraction. Officers alleged they detected the odor of cannabis and searched his vehicle without consent. Inside the center console, they found a loaded handgun. The client was charged with Aggravated UUW.
We filed a motion to suppress, arguing that the alleged odor of cannabis was insufficient to justify the search—particularly since recreational marijuana is now legal in limited quantities in Illinois. The judge agreed, ruling that the search was unconstitutional under the Fourth Amendment and Illinois law. The gun evidence was thrown out, and the charges were dismissed.
This case is just one example of how aggressively challenging the state’s justification for a search can make all the difference.
Why You Need a Defense Lawyer for Any Search-Related Charge in Illinois
If you were stopped, detained, and searched, don’t assume the police acted lawfully. An attorney will dig into every detail of how the stop occurred, how the search unfolded, and whether your rights were violated. Without representation, you could be convicted based on evidence that never should have been used against you.
At The Law Offices of David L. Freidberg, we don’t take shortcuts. We fight to expose unlawful police conduct, suppress tainted evidence, and get your charges dismissed or reduced. Whether you’re facing a Class A misdemeanor or a felony that could carry years in prison, your first step should be securing a lawyer who understands Illinois criminal defense inside and out.
Call The Law Offices of David L. Freidberg Today
If you’re under investigation or facing charges based on a police search of your vehicle or bag, act now. The prosecution is already building a case. You deserve a defense that’s prepared to challenge the legality of every move law enforcement made.
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.
You don’t have to face this alone—we’re here to fight for you.
