Legal Question in Criminal Law in Illinois

The police showed up at my house because a friend had called because she thought I was sucidal. When the police arrived I was in bed asleep. I met them at the front door and explained that I was not sucidal. I also explained why my friend might have thought I was sucidal. The police recommended(told) me that I needed to go to the hospital. I explained that I was not sucidal and did not want to go to the hospital but rather just return to bed. The police told me that I had two options. 1) I could voluntarily go to the hospital or they would arrest me and take me to the hospital with a manditory 72hrs watch. I went to the hospital and had my blood drawn and spoke to a social worker who released me 45mins later after my blood alcohol/drug test came back negative. I was never placed under arrest and deemed non sucidal at the hospital. While was at the hospital the police returned to my home/car and searched for a weapon. They found a legal gun registered to me. Only my foid card was not valid. They arrested me 3 days later on felony gun charges. Was this a legal search?


Asked on 2/13/10, 5:11 am

1 Answer from Attorneys
Michael Rosenblat Michael C. Rosenblat., P.C.

The legality of a search is a mixed question of facts and law and is generally decided by a court after hearing the testimony of witnesses. I cannot give you an opinion as to the legality of the search, but generally a search is presumed to be illegal if conducted without a search warrant or consent. Please feel free to contact me if you would like to discuss.

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Answered on 2/18/10, 6:22 am


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