You parked your car at the mall and went shopping. When you returned a couple hours later, an officer was waiting with a trained drug detection dog. The dog had alerted to something in your car. After a search, the officer found narcotics under the passenger seat and arrested you.
Can they do that? What can you do?
The Fourth Amendment protects us from searches and seizures without probable cause. However, under Illinois law, a certified drug detection dog sniffing a car in a public place is not a search or a seizure. (See People v. Kendricks). Further, that dog’s alert may provide an officer with the probable cause needed to search your car.
In that case, should you simply give up and plead guilty? Not necessarily. An experienced attorney can review your case to determine if you have a good defense. Can the state prove all the elements of your offense beyond a reasonable doubt? For example, were you parked in a public place? What if the car was parked in your driveway? Was the dog properly certified? Can the state prove the drugs belonged to you? Perhaps someone else had access to your car. Even if the police have probable cause and the state’s evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
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.
(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.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).