Category Archives: probable cause

DID THE OFFICER’S REASON FOR STOPPING YOU DISAPPEAR?

You were driving down the road when you thought you saw an animal so you slammed on your brakes.  Then you noticed a police car behind you. After a few blocks, the officer stopped you, even though your driving was … Continue reading

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CAN I BE STOPPED BECAUSE OF SOMETHING HANGING FROM MY MIRROR IN ILLINOIS?

The answer is yes, but only until January 1, 2024.  As of that date, Illinois has changed its law. After January 1, you cannot be stopped solely because of that air freshener hanging from your rearview mirror.  However, Illinois law … Continue reading

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CAN AN OFFICER SEARCH YOUR CAR BECAUSE OF SOMETHING THAT IS IN PLAIN VIEW?

You were driving to a friend’s one night when police pulled you over for a broken headlight.  Noticing a bag of white powder on the floor, the officer suspected you had illegal narcotics.  She searched your car, taking the baggie.  … Continue reading

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CAN FAILURE TO USE A TURN SIGNAL BE PROBABLE CAUSE FOR A POLICE STOP?

The answer is yes, if a turn signal was legally required. Under Illinois law, you must use your turn signal whenever you make a turn, change lanes, encroach onto the other side of the road or leave the roadway.  Failure … Continue reading

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CAN I BE ARRESTED IF DRUGS ARE FOUND IN A CAR AND I AM A PASSENGER?

You were riding around late one night with a friend who was driving.  An officer pulled you the car over.  Smelling alcohol on your friend, the officer had you both leave the car before spotting narcotics under the driver seat. … Continue reading

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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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