Legal Question in Criminal Law in Illinois
Illegal search
can someone just be illegally searched if they arent doing anything wrong and were standing at a train stop? second part of question though is they had 5 bags of dope on them, when they were searched and only 1% tested postive for Heroin? its his first time with a poession charge.
2 Answers from Attorneys
Re: Illegal search
The Fourth amendment to the United States� Constitution guarantees all citizens the right to �be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures� Terry v. Ohio, 392 US 1 (1968), the US Supreme Court ruled that law enforcement may stop a person, it the police have a reasonable articulable suspicion that the individual is committing, is about to commit, or has committed a crime.
Re: Illegal search
Based on what you say, it sounds as though the arrest and search may have been illegal. If that is so, the proper course of action is by way of a motion to quash arrest. If that motion is successful, then the case is likely to be dismissed. If you have further questions, direct them to [email protected]. Thank you.
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