Legal Question in Criminal Law in Illinois
I was getting into my car after a repast in Chicago. As I was sitting into the car the police pulled up and asked me to get out. They were rounding up a large group of people and putting them against a wall. I assumed the position next to the wall and they began asking for ID's and such. As this was happening another group of officers arrived and began to look through the vehicles. Soon an officer approached me and asked me if the grey charger was my vehicle (which it was a rental my girlfriend had gotten - she was around the corner at my grandmothers at the time). I replied yes it was, and they said that while looking around the vehicle they noticed marijuana in the cup holder and that gave them reason to search the vehicle. They stated that they found a gun in the back seat of the car. I had never seen the gun, and had no idea there was a gun in the vehicle (which was unlocked, and the back window was down). They charged me with misdemeanor UUW and possession of ammo along with minor possession of marijuana. The marijuana charge does not bother me, but I need to see if I have a chance of beating the gun charge since I had no knowledge it was in my car.
1 Answer from Attorneys
The issue is whether the police had probable cause to search the car. A lawyer representing you should file a motion to quash your arrest and suppress evidence resulting from the illegal search. This is a very serious matter and you should retain a lawyer immediately.
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