Probable Cause as it Relates to Gun Charges.
In the United States, we are afforded the right to own firearms and use them under specific circumstances. However, owning a gun comes with a long list of responsibilities, and each gun owner must understand the laws surrounding gun ownership and use. Unfortunately, these regulations are often complicated or difficult to understand. To make matters worse, individuals who have been convicted of certain crimes lose their right to own a gun. This makes them likely to be charged with a crime if they are found to be in possession of a weapon.
Probable cause is an important consideration in cases involving gun charges. In some situations, it is a make or break in the States case. If you’re questioning whether the search that led to your gun charge was legal, read on to learn about how probable cause comes into play in your case. Then contact a gun charges criminal defense lawyer in Chicago to discuss the best way to handle your charges.
What is Probable Cause?
Probable cause is the legal standard that requires law enforcement officers to have sufficient reason to believe that a crime has been committed or is about to be committed based on the totality of the circumstances. It is the basis for obtaining a search warrant, and in most cases, it must exist before an officer can search your property, or make an arrest. Probable cause is based on facts and evidence, not mere suspicion, and it is a crucial safeguard against unreasonable searches and seizures. Unfortunately, it is not uncommon for law enforcement to misunderstand probable cause or purposely ignore it. That’s why it’s so important for every American to understand their rights.
When Can Police Search Your Home?
The Fourth Amendment to the United States Constitution protects you from unreasonable searches and seizures in your home. Generally speaking, a law enforcement officer MUST obtain a search warrant before searching a person’s home. The warrant must include what evidence is subject to the search and establish probable cause that evidence of a crime would be found in the home. A search warrant that states, “ John Doe is a known drug dealer in the area, thus there is reason to believe John Doe has drugs in this home” would likely be rejected by a judge. Just because John Doe is a known drug dealer doesn’t establish probable cause that drugs are being kept at his home. The drugs could very well be kept in a storage unit, in his car, etc. A warrant that states “officers spoke to an informant who stated John Doe sells drugs out of his home. Officers set up surveillance an observed John Doe go into his home and come back out with a bag. The informant then showed the officers that same bag which contained pounds of drugs.” A warrant that contains these facts would likely have sufficient probable cause and a judge would sign off on the warrant.
Probable cause does not mean the police have “a feeling” or are going around searching multiple homes in the area where a crime occurred. They must have a specific reason to believe you are the one who is committing or has committed a crime. Additionally, if you give the police consent to search your home, they do not need a warrant.
There are circumstances when the police can legally search your home without a warrant. The law allows police to enter your home without a warrant if there are “exigent circumstances.” Exigent circumstances include instances where a violent crime is being committed in the home, a person running into their home actively fleeing from a police officer, and to prevent the destruction of evidence. These examples would give a police officer the right to enter your home without a warrant. In so many cases, a person consents for the police to enter their home thinking they do not have a choice. Always decline consent for the police to search your car or home even if you have nothing to hide.
Car Searches During Traffic Stops
Your car is considered an extension of your home, but the rules for searching it are slightly different. Generally, the police need a warrant to search your car, but there are some exceptions. First, if a person is arrested for an offense that could yield evidence of the crime they were arrested for, their car can be searched. This type of search is a “search incident to arrest.” For example, if a person is arrested for driving under the influence of alcohol, they car can be searched for open containers of alcohol, drug evidence, etc. Second, and usually the most common way the police can search your vehicle, is if the officer smells the odor of burnt or raw cannabis. Despite cannabis being legal in Illinois, you cannot have cannabis in your car that is not properly sealed. Cannabis most be stored in a sealed, odor proof, child proof container while be transported in your car. If you purchase cannabis at a dispensary, the law requires cannabis to be sold in this type of container. If an officer can smell the cannabis in your car, it gives the officer probable cause that cannabis is being stored in the vehicle illegally. Any evidence the officer recovers in your car after searching it would be admissible at a trial. So guns, drugs, stolen TVs, everything is fair game. Third, if an officer sees evidence of a crime or contraband in plain view in your vehicle, it can be searched. For example, if you are pulled over for speeding and the officer sees a gun in your backseat while determining your do not have a FOID or CCL, your car can be searched. Another example is if your car is being towed, the vehicle can be searched. In a nutshell, your car can be searched for many reasons and if you’re in the City of Chicago where illegal guns are prominent, chances are your car will searched for one reason or the other. Call Bernard Law to ensure your rights are protected.
Being Searched for Guns In Your Possession
Your “person” includes your body, clothing, and belongings that you are carrying with you. If the police believe you may be armed and dangerous, they can pat you down for weapons. Additionally, if you are arrested, the police can search you and your belongings incident to the arrest. This is how many defendants end up with a gun charge that is unrelated to their other charge. If you give consent to the police to search your person, any they find is admissible at a trial.
Criminal Defense – Fight Against Gun Charges
Probable cause is an essential legal concept that protects your rights as a gun owner and as a citizen. Understanding when the police can search your belongings is crucial for protecting yourself from unreasonable searches and seizures. If you believe you received a gun charge after being illegally searched, get in touch with a criminal defense lawyer in Chicago right away. Bernard Law’s experienced criminal defense team will evaluate your case and help you understand your rights. Contact us to schedule your consultation.