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drug crime cases, drug charges, criminal conviction, drug conviction, Orland Park criminal defense attorney.Most drug crime cases in Illinois involve police searches, and the Fourth Amendment to the U.S. Constitution requires the police to obtain a warrant for most searches. In its broadest terms, the Fourth Amendment protects our right to privacy. However, this presumes that we had a reasonable expectation of privacy in the first place.

For example, if a police officer walks into your house and starts looking around, that would clearly be a violation of your privacy. Yet suppose you live in an apartment building and an officer searches the lobby, which is unlocked and accessible to the public. Illinois courts have said such searches of “common areas” do not require a warrant because there is no reasonable expectation of privacy.

Still, even within an apartment building, there are limits to how far the police can go. In a 2016 case, the Illinois Supreme Court held that police could not conduct a warrantless search outside an apartment door that was “located within a locked apartment building.” The court said the fact that public access was restricted to the hallway leading up to the defendant's door was critical.

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Orland Park criminal defense attorney, criminal trialIf you are facing felony charges, it is important to make sure the court respects all of your constitutional rights. While even the best judges make honest mistakes, such errors can prove costly when you are facing the loss of your freedom and the permanent taint of a felony conviction. Therefore, a defendant should never hesitate to object—or in some cases appeal—when a judge fails to follow the law.

Murder Conviction Overturned After Judge Kicks Out Defendant's Grandmother

A recent Illinois case illustrates how a seemingly minor procedural error can be a big deal in a felony case. The defendant here was tried for murder. A jury convicted the defendant and the judge sentenced him to 100 years in prison.

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