Legal Question in Criminal Law in Illinois

search and seizure

A police drug task force was conducting survelliance at McDonalds.--name removed--person called me for weed. I drove my friend to McDonalds and he sold--name removed--1/2 8th to him. The deal happened outside of my car and not in my presence. I later found out those people who my friend sold the bag to were arrested. When we left McDonalds we were pulled over for not using--name removed--turn signal within 100 feet. We were told to get out of the car. --name removed--canine unit was there when we were pulled over. While we were out of the car the dog searched it. First, It scratched my car door. Then the officer let it in my car. No substances were in my car nor did we ever smoke inside the car. However, while the dog was in the car the officer announced the dog smelt odors from the trunk. He walked the dog around to the trunk and searched it and arrested both of us. --name removed-- Is--name removed--canine enough to allow the search of the trunk? (B) Was the dog inside the car before anything was found legal? (C) Was the stop legal if I did use--name removed--turn sigal? (D) Shouldn't--name removed--warrant be obtained before the search is allowed? Even if the dog has--name removed--scent?


Asked on 8/08/08, 11:23 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: search and seizure

Dogs are subject to the rules of reliability. Too often, lawyers do not challenge the dog's reliability. Unfortunately, the laws of search and seizure do not favor the drivers of cars, because cars are mobile. I will assume that a controlled substance was found in the trunk. You are in need of representation. Even though you stayed in the car and the transaction took place outside your presence, you are being charged through accountability. The State is saying that because you drove your friend to the transaction, and the "weed" was in your trunk, you are accountable as if you were a participant. Please call to discuss this further.

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Answered on 8/09/08, 10:31 am


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