Tag Archives: probable cause

ILLINOIS LAW REQUIRES POLICE TO ASK BEFORE GIVING A PORTABLE BREATHALYZER TEST

Recent Illinois case law has clarified that an officer must ask you to take the portable breathlayzer test (PBT) and give you enough time to refuse before giving the test, or your case could be dismissed. If you are stopped … Continue reading

Posted in breathalyzer/field sobriety test, DUI testing | Tagged , , , | Comments Off on ILLINOIS LAW REQUIRES POLICE TO ASK BEFORE GIVING A PORTABLE BREATHALYZER TEST

Can the Police Stop You for Switching Seats in Illinois?

You and your friend just came from a party. You were driving, but you started to feel sick. You pulled over to let your passenger drive. That’s when the police officer came up behind you. Now you’re charged with DUI. … Continue reading

Posted in probable cause | Tagged , , | Comments Off on Can the Police Stop You for Switching Seats in Illinois?

HOW LONG CAN POLICE STOP MY CAR IN ILLINOIS?

There are no hard and fast rules about how much time police can take to perform a routine traffic stop. However, police may keep you no longer than necessary to accomplish the purpose of that stop. How long is necessary … Continue reading

Posted in probable cause, search of vehicle | Tagged , , , , , , , | Comments Off on HOW LONG CAN POLICE STOP MY CAR IN ILLINOIS?

SNIFFING AROUND YOUR CAR: DOG SNIFF SEARCHES IN ILLINOIS

Generally, you do not have the same privacy rights in a car that you would in your home. So while a trained narcotics dog may not sniff outside your apartment door, the dog may sniff around your car. Worse yet, … Continue reading

Posted in probable cause, search of vehicle | Tagged , , , , , , , | Comments Off on SNIFFING AROUND YOUR CAR: DOG SNIFF SEARCHES IN ILLINOIS

BE CAREFUL HOW YOU PARK YOUR CAR! IMPROPER PARKING CAN BE PROBABLE CAUSE

After a few drinks at the bar, you pulled over on the side of the road. Perhaps you only meant to stop for a moment to use the phone or grab something from the back seat. Perhaps you were tired … Continue reading

Posted in probable cause | Tagged , , | Comments Off on BE CAREFUL HOW YOU PARK YOUR CAR! IMPROPER PARKING CAN BE PROBABLE CAUSE

NEW SUPREME COURT LAW ON ANONYMOUS TIPS AND DUI

Police are allowed to stop drivers based on anonymous tips. The key question is whether the tip was reliable enough to provide probable cause for the stop. The Supreme Court just made that job a lot easier for the prosecution. … Continue reading

Posted in DUI evidence, probable cause | Tagged , , | Comments Off on NEW SUPREME COURT LAW ON ANONYMOUS TIPS AND DUI

WHEN A TRAFFIC VIOLATION IS NOT A TRAFFIC VIOLATION

It’s not hard for police to justify a traffic stop. There are a host of potential traffic violations, and chances are, you’ve violated at least one of them. But not in every case. A recent Illinois Appellate case found that … Continue reading

Posted in moving violations, traffic offenses | Tagged , | Comments Off on WHEN A TRAFFIC VIOLATION IS NOT A TRAFFIC VIOLATION

CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

Posted in DRIVING UNDER THE INFLUENCE, search of vehicle | Tagged , , , , , | Comments Off on CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

“CAN THEY REALLY STOP ME FOR THAT?” OBSTRUCTED WINDSHIELDS, IMPROPER LICENSE PLATE DISPLAY, AND OTHER MINOR OFFENSES

Before you can be apprehended for DUI, police need a reasonable suspicion to stop your car. Of course, if you are weaving all over the road, driving the wrong way up the highway, or blowing traffic lights, the police have … Continue reading

Posted in DRIVING UNDER THE INFLUENCE, moving violations, probable cause, speeding, traffic offenses, violation | Tagged , , , , , | Comments Off on “CAN THEY REALLY STOP ME FOR THAT?” OBSTRUCTED WINDSHIELDS, IMPROPER LICENSE PLATE DISPLAY, AND OTHER MINOR OFFENSES

“SOMEONE TOLD THE POLICE I WAS DRUNK!”: WHEN YOU ARE STOPPED FOR DUI BASED ON A TIP

You had a few drinks at the bar over the course of a few hours. You hadn’t broken any laws on your way home, but the police stopped you and arrested you for DUI. Turns out someone from the bar … Continue reading

Posted in probable cause | Tagged , , , , | Comments Off on “SOMEONE TOLD THE POLICE I WAS DRUNK!”: WHEN YOU ARE STOPPED FOR DUI BASED ON A TIP