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The answer is they can if the search falls under the “automobile exception” to the warrant requirement.

Because a driver could easily take off  before police have time to get a warrant, police are allowed to search your car if there is probable cause to believe that your car contains evidence of criminal activity. To establish probable cause, the totality of the facts  known to the officer at the time of the search must justify a reasonable person in believing that the automobile contained evidence of criminal activity.

The scope of  the search  is defined by the object of the search and the places in which there is probable cause to believe it may be found. For that reason, the search may include any interior compartment  that might reasonably contain the contraband.  By the same token, an officer cannot look where an object cannot reasonably be found.  For instance, an officer searching for a gun cannot look in a pill box.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. Did the police have probable cause or did they search outside the limits? If so, an attorney may be able to bring a motion to suppress the evidence from any unlawful search.

Note that determining whether a police search violated the law is very fact specific, and different judges can weigh those facts very differently. An attorney who is familiar with your courthouse may be better able to present your situation to a particular judge.  If the police acted unlawfully, an attorney can petition the judge to suppress the evidence from any illegal search.

For example in People v. Smith, the defendant was convicted based on a firearm discovered during a police stop of a car where he was a backseat passenger.  Because the car’s license plates did not match the vehicle, police had probable cause to search for evidence of ownership.  However, the officers bypassed obvious areas, such as the console and glove compartment, to search for a bag in the back seat suggesting  that the purpose of the search was a fishing expedition rather than to look for evidence of ownership.  As a result, the appellate court held that the gun evidence should have been suppressed and reversed defendant’s conviction.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See also People v. Davis.

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were: 1) driving while 2) under the influence.  But it may surprise you to know that sleeping in your car can fall under the definition of “driving.”

Under Illinois law, you may not drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs.  See: 625 ILCS 5/11-501.  You need not be driving to have actual physical control. Nor does it matter whether you intended to put the car in motion.

Actual physical control is defined on a case-by-case basis, considering  whether you: (1) possessed the key to the ignition; (2) were physically capable of operating the vehicle; (3) were positioned in the driver’s seat; and (4) were alone in the vehicle with the doors locked. These factors are merely guidelines.  Not all factors need be present, and courts can look at other facts.

Illinois courts have found actual physical control where:

• The defendant was behind the steering wheel in the driver’s seat with the ignition key and physically capable of starting the engine and moving the vehicle.
• The defendant was sleeping in the car.
• The defendant was in the back seat.
• The car could be operated by coasting even though the  front end and radiator were visibly damaged, but  defendant could still move the car, which was on a downhill incline.
• The evidence showed that damage to the car matched damage to a car parked at the complainant’s home, defendant was the car’s owner, and police found defendant next to the vehicle, which was parked in the driveway of his house.
• The defendant was lying on the seat of the truck with the keys  on the floor under the steering column.
• The defendant’s car was stuck in a ditch and he could not get it out.

If you are charged with DUI,  consult an experienced DUI attorney immediately.  Determining if you were “driving” can be very fact specific and depend on  your particular judge’s point of view.  An attorney who is familiar with the courthouse may be able to present the facts of your  case in their most favorable light.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  People v. Kiertowicz 

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)