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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 lawyer, drug convictionIf you are on trial for a violent crime, such as assault and battery, prosecutors will make every effort to discredit you in front of the jury. Should you choose to testify—and remember, the Constitution protects your right to remain silent at trial—prosecutors may look to introduce evidence of prior criminal convictions to attack your credibility.

How “Impeachment” Works in a Criminal Trial

In legal terms, this is known as “impeachment.” Illinois courts have strict rules about what kinds of information may be used to impeach a witness. For example, evidence of a witness' prior criminal conviction is admissible under the following circumstances:

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