Legal Question in Traffic Law in Illinois

if i (as a passenger) was pulled over because the driver was wanted for an investigation, do I have to submit to being searched?


Asked on 4/22/10, 10:52 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Hello. The law has changed quite a lot since 9/11. Under present Illinois law, the practice of searching passengers in a car is now widely accepted. If the search is unreasonable, based upon a reasonable person standard, the passenger may be able to file a lawsuit to recover damages, but for the suit to be worth the time, the damages should be extreme such as a justifiable claim for emotional distress, invasion of privacy due to unreasonable touching by the police officer conducting the search. etc.

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Answered on 4/27/10, 6:12 pm


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