Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 8/10/18

The plot thickens as police officers take the information they learned and try to get search warrants for the homes of Kevin, James, and Paul. The judge approves limited warrants for Kevin and Paul’s house. They live together and there is at least some evidence against both of them (Paul sold Vicodin to Sarah and Kevin was connected with the “doctor” who over prescribed pills.) But the police simply have to follow James until they find him breaking a law in order to arrest him.

One dark and stormy night, officers bust into Kevin and Paul’s house. They are all decked out in intimidating black suits and body armor. The warrant is slightly vague, but it gives officers permission to search the residence located at such-and-such address. Officers find nothing in the house, but they do find a cache of drugs and money in a converted, detached garage apartment.

Meanwhile, James and his girlfriend Vicki are headed to the movies when the police pull them over. As James was planning to make a quick sale before the movie started, he has drugs in his pocket. When the police pat him down for weapons, they find the drugs. This is permissible through Illinois’ Plain Touch Doctrine; since it was readily apparent through touch that the items in James’ pocket were drugs, the police were able to arrest him.

Prosecutors soon look at the evidence and file charges against the Three Amigos for drug trafficking.

Search Warrant Requirements

We have already examined one requirement, which is probable cause. Additionally, the warrant must be specific as to items and location. For example, if officers have probable cause to believe that there are drugs in the living room, they cannot search the bedroom for firearms.

To go beyond the scope of the warrant, an exception must apply. Some prominent ones include:

  • Plain View: The officers are already lawfully at the location. Therefore, if they see contraband in plain view, they may seize it, whether or not it is listed in the warrant.
  • Consent: Anyone with apparent authority can give consent to search a building. The person could be a roommate who is not listed on the lease or a high-ranking employee as opposed to an owner.
  • Safety Check: Officers often use this exception as a way to get around the warrant requirement altogether. If they believe that there is a safety issue at the location, such as a gas leak, they may search the entire premises and seize any contraband they find in plain view.

In this hypothetical, the warrant itself may fail due to lack of specificity. As for the search of the garage apartment, the issue may be whether someone else had a superior right to possession. If there was a tenant in that apartment, even if the tenant was not home at the time, the search may have been illegal. The warrant may also be illegal as to any items found in the attached garage because it is a different building under the law for the warrant to search the house. 

Drug Possession Arrests in Motor Vehicles

James’ girlfriend may be the classic example of “wrong place at the wrong time.” Because of her disreputable cousin who helped the guys with their hook-up, prosecutors may be able to establish that she knew her boyfriend was up to no good. And, she was obviously close enough to the drugs to possess them according to Illinois law.

Vicki is charged with drug possession, but conviction will depend on the prosecutor establishing two basic elements. Prosecutors must prove that she knew James had drugs; just knowing that it was “something illegal” is not enough. Furthermore, possession is more than proximity. If the drugs were in James’ pocket, he obviously had a superior right of possession.

Count on Tenacious Attorneys

Many criminal cases hinge upon procedural issues. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Erik Odiin)