Unlawful Police Stops in Chicago
Know Your Rights, Contact Attorney Mitch Furman
If your constitutional rights have been violated by an unlawful police stop, it could drastically change the outcome of your case. Police officers are responsible for upholding the law and protecting Chicago citizens, but if they make a mistake it could have a lasting effect on your future. In order to protect citizens from these unfair mishaps, an unlawful stop could potentially lead to reduced or dismissed charges.
How Should a Police Stop Be Conducted?
Officers are not lawfully able to stop anyone they choose, they must have a substantial reason for the stop, or probable cause to believe the driver is drunk. In Chicago, under “probable cause” the officer must have reason be believe the driver has broken the law or committed a crime.
If the officer observes the driver to any of the following, it could be defined as probable cause:
- Excessive speeding
- Excessively slow driving
- Swerving, or driving between lanes
- Breaking traffic laws
- Driving without headlights
- Failing to stop or yield
- Driving recklessly or erratically
When an officer pulls a driver over without witnessing any of these signs, the police officer may have committed an unlawful stop.
Officers could participate in an unlawful stop for many reasons, including:
- Profiling
- Working on a "hunch"
- Trying to fill a quota
On special holidays, like St. Patrick's Day, or around bars or sporting events these incidents are more common, because officers know the chance drivers are driving under the influence are higher. However, stopping a driver without probable cause is not legal, and therefore cannot be held in a court of law.
Make Sure Unlawful Evidence is Dropped from Your Case
Regardless of the type of data gathered against you in the police stop, you may request that the evidence be omitted from your case. Whether the evidence is the result of a breathalyzer test or a failed field sobriety test, if the stop was unlawful you can argue that it was collected illegitimately so that it cannot be used against you in court.
Seek Help from the Law Offices of Mitch Furman
I have more than a decade of legal experience, and am dedicated to fighting for the rights of my clients. Being arrested for a DUI can be overwhelming, which is why, at my firm, you can trust that I will stand beside you, providing legal guidance and honest counsel every step of the way. My reputation as a trustworthy, aggressive criminal defense lawyer proceeds me, and I have a long list of case victories to support my claims.
Start building your defense today, and contact the Law Offices of Mitch Furman for a free consultation.