Illegal searches and suppression motions
Police have to follow the rules when they stop you, search your car or home, or question you. When they don't, the evidence they found may be kept out of court. Sometimes that ends the case.
What we challenge
- Traffic stops that lacked a valid reason, or that ran longer than the reason for the stop allowed.
- Vehicle searches, including searches based on the smell of cannabis. Illinois law on this has changed in recent years.
- Search warrants supported by stale, thin, or false information.
- Home entries without a warrant or valid consent.
- Phone and digital searches that went beyond what a warrant allowed.
- Statements taken without Miranda warnings, or after you asked for a lawyer.
How a suppression motion works
We file a written motion explaining what the police did and why it was unlawful. The court holds a hearing where officers testify and we cross-examine them, often against their own body camera and dash camera video. If the judge grants the motion, the prosecution cannot use the evidence at trial.
Questions
I consented to the search. Is it too late?
Not necessarily. Consent has to be voluntary, and it can be limited in scope. Whether your consent was valid depends on what was said and done, which is why the video matters.
How soon should I get the video?
Immediately. Some recordings are kept only for a limited time. We send preservation requests at the start of the case.