When police conduct an illegal search and seize evidence without following proper procedures, that evidence may be excluded from your case. As Chicago criminal defense attorneys, we’ve seen many situations where people were charged with serious drug offenses based on questionable search tactics. The law requires law enforcement to follow strict rules under both the U.S. Constitution and Illinois statutes. When they don’t, you have the right to challenge the search and request that the evidence be suppressed. That can lead to reduced charges—or even a complete dismissal.
Whether your case involves a street stop, a traffic stop, or a search of your home, we look closely at how the police obtained the evidence. Unlawful searches are more common than many people think. Officers may search without a valid warrant, exceed the scope of their warrant, or stop someone without probable cause. If your rights were violated, we can file a motion to suppress under Illinois and federal law to keep the evidence out of court.
The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. In Illinois, your rights are further supported by 720 ILCS 5/114-12, which allows your attorney to file a motion to suppress any evidence obtained through an illegal search. If the search lacked a valid warrant or didn’t meet one of the few exceptions—like consent, probable cause, or exigent circumstances—it may violate your constitutional rights.
We often challenge searches that result from:
The police need a legitimate reason to search your body, car, home, or phone. If they skipped legal steps or ignored the warrant’s limitations, your case could fall apart without that evidence.
Drug cases frequently rely on physical evidence: narcotics, paraphernalia, packaging materials, or digital messages. When that evidence is tied to an illegal search, it’s vulnerable. Under the “exclusionary rule,” evidence obtained in violation of your rights is generally inadmissible in court.
For example:
Federal drug cases follow the same constitutional framework. Under Federal Rule of Criminal Procedure 41(h), defendants can file motions to suppress illegally obtained evidence in federal court. Many federal cases in Chicago arise from joint local-federal task force investigations, and even small procedural errors can lead to major suppression rulings.
We evaluate every piece of evidence to see if a Fourth Amendment violation occurred. Courts consider whether the search was justified at the time it happened—not whether the officers later discovered contraband. If the original basis for the stop or warrant was flawed, everything that followed may be thrown out under the “fruit of the poisonous tree” doctrine.
When we file a motion to suppress in Illinois, the burden shifts to the prosecution to prove the search was lawful. The judge will hold a suppression hearing, where we present evidence, cross-examine officers, and argue that your rights were violated. If the judge agrees, the state can’t use the suppressed evidence at trial.
Under 720 ILCS 5/114-12(b), the court must grant suppression if the search or seizure violated your constitutional rights. This hearing can make or break a case—especially in drug prosecutions where the physical evidence is central to the charge.
A motion to suppress is a formal request asking the court to exclude certain evidence from being used at trial because it was obtained in violation of your rights. In drug cases, this often involves items found during a traffic stop, search of your home, or seizure of your phone. If the motion is granted, the prosecution may lose its most important evidence.
Yes, but only under specific conditions. Under both federal and Illinois law, police may search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime. However, if they lacked that cause and you didn’t consent, the search may be illegal, and anything they found could be suppressed.
Generally, yes. The U.S. Supreme Court ruled in Riley v. California that police must obtain a warrant to search your phone. If your phone was searched without your consent and without a warrant, we can ask the court to suppress any messages, call logs, or location data used in your case.
If you voluntarily consented, it becomes harder to challenge the search. However, consent must be freely and knowingly given. If you were coerced, intimidated, or not informed of your right to refuse, your consent may not be legally valid. We look closely at the circumstances to determine whether the search can still be challenged.
If the court agrees that the search or seizure was illegal, the suppressed evidence cannot be used against you. This can weaken the prosecution’s case significantly. In many drug cases, the loss of physical evidence leads to dropped charges or a much better plea offer.
Under Illinois Supreme Court Rule 604(d) and 720 ILCS 5/114-12, a motion to suppress must be filed before trial unless there’s a good reason for the delay. That’s why it’s critical to hire an attorney early in the process—so we can review the evidence and act quickly to protect your rights.
Yes. Even if a warrant was issued, we can still challenge it in court. If the warrant was based on false statements, lacked probable cause, or was too vague, it may be ruled invalid. The search must follow the warrant’s scope, and any evidence obtained outside of that can be suppressed.
At Michael D. Ettinger & Associates, we fight aggressively to keep illegally obtained evidence out of court. If you’re facing drug charges in Chicago or Palos Heights, we’ll review every detail of your case and build a strong defense based on your constitutional rights.
Contact our Palos Heights criminal defense lawyer at Michael D. Ettinger & Associates at 708-923-0368 for a free consultation. We Represent Clients In Palos Heights And Throughout The City Of Chicago, Illinois.
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