Search & Seizure FAQs

Q.  Can the police search my car without a warrant?

A.  There is a general exception to the warrant requirement for automobiles.  If the police have probable cause to believe the car contains evidence of criminal activity, then they may search the vehicle without a warrant.  The rationale behind this exception is that the mobility of cars makes it much more likely that evidence will disappear if the police do not obtain it at that moment.  Also, it is understood by the courts that people have a lesser expectation of privacy in their cars than they do in more private areas.

A warrantless search of an automobile can include the entire interior of the car, including the trunk, as long as there is probable cause to believe evidence will be found there.  In the event of an arrest, police may search the person and surrounding area (the person's "wingspan") to secure evidence or weapons.  In this case, a search of the car would be limited to the interior cabin within reach of the driver and passengers and would not include the trunk, locked glove compartments, etc.

Q.  Can the police search my home without a warrant?

A.  In general, police cannot search your home without a warrant unless you give your consent.  There is however an emergency exception to the warrant requirement, in instances where the police are in pursuit of a fleeing felon, or if the evidence they are seeking is in danger of disappearing before a warrant can be obtained.

Even with a warrant, a search of a home must be limited in scope to the evidence being sought, which should be specifically described in the warrant. 

Q.  Should I consent to a search?  What happens if I do not?

A.  Whether or not there is a warrant or probable cause, any search may be conducted if you consent to it.  However, protection against unreasonable searches is one of our most cherished constitutional rights, and you should never feel pressured into giving up this right. 

If the police claim to have a warrant and do not, or if you consent to a search on the basis of a warrant that turns out to be defective, then your consent was not effective, and any evidence obtained in the search cannot be used against you.  If the police lie to you or coerce you into giving your consent, then your consent was not voluntary and knowing, and the search is similarly unlawful.  An experienced criminal defense lawyer will scrutinize any warrant for defects, as well as all the surrounding circumstances regarding your supposed consent, and can vigorously argue any appropriate motions to suppress evidence obtained unlawfully.  

Belleville attorney Lyndon P. Evanko has practiced criminal defense in Illinois for 14 years, with an emphasis on trial advocacy.  If you have further questions or require representation in a criminal case, contact Lyndon P. Evanko, P.C. today at (618) 397-1997 for a free consultation.