Legal Question in Constitutional Law in Illinois

Search & Seizure

There was a warrant put out for my arrest - the court showed i hadn't paid my fine, and did not show to court to pay it. I can prove i did pay my fine with the bank statement. So, the warrant never should've been issued. I was pulled over for a tail light being out, and after running my name, i was arrested. My car was then searched and contraband was found which i was also ticketed for. I had to pay $726 to bail out of jail, and then had to pay $275 to get my car out of the impound. The question is, since the warrant shouldn't have been issued, there should've been no reason to search my car, so would that make it an illegal search. Without the warrant I would've been ticketed for the tail light and would be on my way.

*Is there any way to get my $726 back?

*Is there any way to get my $275 back?--since my car shouldn't have been towed.

*Is there a way to have that be considered an illegal search--and then getting the contraband charges dismissed?

Thank you for your time.


Asked on 7/25/06, 4:23 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Search & Seizure

An innocent mistake does not invalidate a warrant. Unless the judge who issued the warrant or the officer who executed it knew you had paid your fine despite what the records showed, there is probably nothing you can do.

Incidentally, your bank statement probably will prove only that you wrote a check in the amount of your fine and not that you gave the check to the appropriate agency.

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Answered on 7/25/06, 3:08 pm


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