Legal Question in Criminal Law in Illinois

me and a friend were parked, the police pulled up and asked what we were doing there, well we told them that his car was getting too hot and had to let it cool off. They proceeded to ask us to step out of the car, well, when we did, he then proceeded to search the car. They found xanax and alcohol, they poured out the alcohol and took the xanax. We did not even get a ticket. Now what is up with this situation? I mean, they just took the xanax and basically left.

Im confused. Help?

They did NOT find the xanax on my person, is this considered an illegal search and seizure? or..?

Would be nice if they just took the xanax and nothing else would ever happen, but that is very wishful thinking and I know that sometime they will show up with a warrant or something like that. But this is indeed weird to say the least. I have went to jail and/or got tickets for A LOT less things.

Can someone please help me here?


Asked on 8/07/10, 10:37 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Not sure what you want to hear. It could indeed be an unlawful search and seizure, but that is generally a defense in a criminal trial, and you have not been charged. I am guessing you did not have a prescription for the drugs. If so, you are in a tricky spot. You can let it go, and know that the police essentially stole from you. Or you can go tell the state's attorney that the police stole illegal drugs from you, in which case you are admitting to possession of illegal drugs. The answer seems pretty obvious to me. My suggestion is to refrain from having illegal drugs, and then this problem will not present itself again.

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Answered on 8/13/10, 1:24 pm


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