Legal Question in Criminal Law in Illinois

Questionable Actions of an Officer & Underage Drinking

Here is the situation: My son was involved in underage drinking. One of his friend's mother's called the police after she found out that they were drinking at another friend's home. When the cop arrived at the home, he did not come directly to the front door. Instead he came around to the back of the house and began looking through all the windows, and when found that a couple of the minors were drinking, did not come to the door or anything still, but just ''observed'' (as the cop told me) them drinking alcohol for 5+ minutes before opening the back door. They are now getting reports written up. This doesn't sound like something they should be able to do... Just watching you (on private property). Is this legal?


Asked on 1/01/03, 1:14 am

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: Questionable Actions of an Officer & Underage Drinking

The police officer had no one's permission to be on the property, it would appear that his observations would not be admissible in court and that the evidence gathered from his "watching" was illegaly obtained.

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Answered on 1/01/03, 10:23 am


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