Oak Brook criminal lawyers

Call Us630-953-4400

Evening and weekend hours available

Subscribe to this list via RSS Blog posts tagged in traffic stop

IL defense lawyerImagine that you are driving down a suburban street at night, in a rush to get home. Flashing lights appear; you are being pulled over by the police for speeding. The officer stands at your window and asks for your license and registration. As you retrieve those items for inspection, the officer shines a flashlight into your car and spots a bottle of whiskey on the passenger seat. The officer is now wondering whether you are guilty of a more serious offense, such as driving under the influence (DUI).

This is when things get interesting. The officer casually asks, “You mind if I have a look in your car?”—intending to learn if that bottle is open and shows signs that you have been drinking out of it, which would help support a DUI charge. If you agree, you have just consented to a search of your entire car, and anything the police find can be used as evidence against you. Or you have the right to say, “No, I do not give consent for any searches.”

Let us assume that you do not give consent for a search. Can the police officer now legally search your car without your consent?

...
DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
Back to Top