Category Archives: probable cause

CAN POLICE SEARCH YOUR CAR? IT DEPENDS ON THE FACTS

A police officer can stop you if he or she has probable cause. An unlit headlight may be cause enough. But once stopped, an officer needs either your consent or a reasonable suspicion of wrongdoing to search your car. What … Continue reading

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DO POLICE HAVE PROBABLE CAUSE TO SEARCH YOUR CAR?

You know you blew a stop sign, so you were not surprised when the officer pulled you over. But then the officer searched your car and found an open bottle of whiskey under the passenger seat. You are now under … Continue reading

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WHAT IS IMPROPER LANE USAGE UNDER ILLINOIS LAW?

You may enjoy hearing the song “The Long and Winding Road,” but you don’t exactly like driving on one. Because you had trouble staying in your lane, an officer pulled you over for Improper Lane Usage. Having smelled alcohol on … Continue reading

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WHAT IS PROBABLE CAUSE FOR DRUNK DRIVING IN ILLINOIS?

Before a police officer can arrest you for DUI, he or she must have probable cause. But what does that really mean? According to People v. Williams, probable cause exists when “the totality of the facts known to the officer … Continue reading

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CAN YOU BE STOPPED FOR MAKING A LEFT TURN INTO THE FAR LANE?

You noticed the officer’s car behind you. You’d had a few drinks but your driving was really spot on. Then you made a left turn into the far lane of an intersection. The officer signals you to pull over. He … Continue reading

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U.S. SUPREME COURT FINDS POLICE SEARCH OF RENTAL CAR NOT LEGAL

You and a friend are driving across country. Your friend leased the rental car and is its sole authorized driver. In spite of that, your friend said you could take the car to run an errand. That’s when the police … Continue reading

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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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