Legal Question in Criminal Law in Illinois

searh and seizure

My wife and I hit a deer and wrecked our Harley. At the scene my jeans were cut off of me. When I awoke the next day, I had been written tickets for possession of a hitter and less than 2.5 grams of pot, that a nurse had found while searching my jeans. Since my jeans were not on me nor was there any reason for her to searh them, my wallet was on a chain what are my rights?


Asked on 5/03/04, 10:10 pm

1 Answer from Attorneys

Mark Heftman Reibman, Hoffman, Baum, Hirsch & O'Toole

Re: searh and seizure

Constitutional prohibitions against unlawful searches apply to government officials. Assuming the nurse was a private individual, the contraband that was found is admissible. However, evidence of the contraband is inadmissible if the nurse's private search was made with the knowledge or participation of a government agent. If this is the case, please contact myself or another attorney.

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Answered on 5/04/04, 1:02 pm


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