Category Archives: probable cause

CAN I BE STOPPED FOR DRIVING SLOWLY?

A person who has had a few too many often tries to compensate by driving more slowly. But driving too far under the speed limit can also give police the probable cause they need to stop you for drunk driving. … Continue reading

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CAN THE POLICE STOP YOU FOR SIMPLY SITTING IN A PARKED CAR?

The answer is generally no. The police can stop you for an outstanding warrant or if you were breaking a law such as you were improperly parked or had a broken tail light. They may also check on your wellbeing … Continue reading

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DO I WIN IF THE POLICE IN ILLINOIS LOST THE VIDEO OF MY DUI ARREST?

The answer is maybe. In Illinois, squad cars that are equipped with video are supposed to video your arrest. This protects both you and the police. It allows the court to see for itself whether you were really as impaired … Continue reading

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CAN THE POLICE ASK FOR MY DRIVER’S LICENSE DURING A TRAFFIC STOP?

The answer is yes. Recent U.S. and Illinois Supreme Court cases have held that a request for a driver’s license is reasonable regardless of the reason for the stop. Before 2005, police could not change the nature of a traffic … Continue reading

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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

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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

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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

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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

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“THEY JUST FOLLOWED ME:” POLICE STOPS IN ILLINOIS

You pulled out of the gas station and set off on your way home. You’d just had a few beers after work. A couple blocks later, you noticed a squad car behind you. The car continued following you and then … Continue reading

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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

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