Legal Question in Criminal Law in Illinois

unlawful entry by police officers

Was arrested for dui in front of my house. While in the police car 3 officers entered my house without a warrent or without asking me if they could enter. I was not on my property at time of arrest or before arrest. Does the law provide some provision for them to do this & we the private homeowners are not aware of? Thank You


Asked on 3/19/98, 3:55 pm

1 Answer from Attorneys

Garry Payton Law Offices of Garry A. Payton

Unlawful entry.

I will assume that you did not leave out any important details for example,(a dead body hanging out of the window of your house) when the police went inside.Police cannot without a warrant enter a private home and search or seize a person or property absent exigent circumstances and reasonable belief that a crime was committed.Please furnish additional information as to why they entered your home. How did they know it was your home, did they search the home, arrest someone or confiscate property? Please note that police can search the immediate area incident to a lawful arrest. Do you have a pending case? I would need more information to give a definitive answer on whether the police actions were unlawful, although at first glance they would appear to be.

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Answered on 4/03/98, 4:17 pm


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