Category Archives: probable cause

CAN I BE STOPPED FOR PARKING IN A LOT LATE AT NIGHT?

You like driving late at night.  It’s quiet, and it lets you think.  One night, you pulled over to eat in a store’s parking lot.  The store had been closed for several hours, and the area was deserted.  An officer … Continue reading

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CAN POLICE CHANGE THE REASON THEY STOP ME?

An officer can stop you for one reason then investigate you for another as long as the stop is not unduly prolonged. Whether a stop was unduly prolonged, and thus illegal, is a very fact-intensive question, which different judges may … Continue reading

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CAN POLICE SEARCH MY CAR BASED ON MARIJUANA WHEN POT IS LEGAL IN ILLINOIS?

According to the Illinois Supreme Court, the answer is yes, especially if combined with other factors. In People v. Hill, an officer stopped the defendant, then searched his car based on the strong odor of cannabis and a cannabis bud … Continue reading

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CAN AN OFFICER SEARCH MY CAR BASED ON ANOTHER OFFICER’S PROBABLE CAUSE?

An officer stopped you for DUI and had you taking field sobriety tests. While doing so, a second officer searched your car without speaking to the first officer.  The search uncovered some narcotics, and now you are charged with DUI … Continue reading

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CAN POLICE ARREST ME FOR DRIVING ON A REVOKED LICENSE EVEN IF I DID NOTHING ELSE WRONG?

The U.S. Supreme Court says that they can under certain circumstances. In Kansas v. Glover, an officer ran a check on a truck’s license plate which revealed that the truck’s owner, Glover, had a revoked license.  Assuming Glover was the … Continue reading

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CAN POLICE SEARCH MY CAR WITHOUT A WARRANT?

The answer is yes, if the search falls under the “automobile exception” to the warrant requirement. Because automobiles are mobile, a driver could easily take off with the evidence before police have time to get a warrant. Therefore, the automobile … Continue reading

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CAN POLICE SEARCH MY CAR AFTER THEY IMPOUND IT?

After you were arrested for DUI, the officers impounded and searched your car. The search yielded several capsules of an illegal narcotic. The officers did not have a warrant. You are now charged with possession with intent to deliver as … Continue reading

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CAN I BE STOPPED BY POLICE FOR TINTED CAR WINDOWS?

You binge-watched your favorite season of CSI, downing the last of your favorite craft beer. Making a run to the store, the police stopped you. They said your new car’s tinted windows were too dark. The smell of alcohol then … Continue reading

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CAN I BE ARRESTED FOR DUI FOR SLEEPING IN MY CAR?

One night, you went out with colleagues after work. The drinking ran a bit late, and it had been an especially stressful day. As you drove home, you could barely keep your eyes open, so you pulled over and fell … Continue reading

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CAN I DRINK IN THE ALLEY? THE OFFENSE OF DRINKING IN PUBLIC WAYS

You and your friends were hanging out in the alley with a bottle of Grey Goose vodka. A police cruiser spotted you with the booze. As a result, you were all arrested for drinking in public ways. The police then … Continue reading

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