I’ve watched many times how important the Fourth Amendment to the United States Constitution is in keeping the balance between the People and the State, preventing unreasonable searches and seizures. In Illinois, being familiar with your Fourth Amendment rights can get you an illegal weapon charge dismissed since the state has some of the harshest firearm laws.
The Fourth Amendment protects citizens from unreasonable searches and seizures of their persons, papers, houses, and effects without probable cause to the extent of procuring a warrant. This constitutional protection plays a very important part in the cases of UUW charges in Illinois, especially when weapons are uncovered during traffic stops, home searches, or frisking of persons.
Scenario: Searches During Traffic Stops
Suppose you are pulled over for something as minimal as having a broken tail light. From there, if the officer searches your vehicle in the absence of probable cause or consent and finds that you do have a weapon in your vehicle, that could be a violation of your Fourth Amendment rights. Under Illinois law, more particularly the Illinois Compiled Statutes, it is 720 ILCS 5/24-1 that allows one to be charged with UUW for possessing a weapon in their vehicle. But if this search was conducted in an unlawful manner without any reasonable cause or due warrant, the evidence obtained during that search can be made inadmissible in court.
The Role Of “Motion To Suppress” In UUW Cases
This is where, as your lawyer, I would file a “Motion to Suppress” the evidence based on an illegal search and seizure in violation of the Fourth Amendment. This legal motion asks the court to exclude any evidence that was gained through an illegal search and seizure. If granted, the prosecution may have no other choice but to dismiss the UUW charge, especially if their case is heavily reliant upon the illegally obtained evidence.
Illinois Case Law And Precedent
The U.S. Supreme Court has repeatedly and better cemented the defense of unreasonable searches in such landmark cases as Terry v. Ohio and Mapp v. Ohio, to name a couple. Application of these precedents in the State of Illinois UUW cases ensures that the only evidence admissible in court to protect your rights, or if those rights are violated, to get the charges dismissed, is evidence that was procured in a lawful manner.
Frequently Asked Questions About UUW Cases And Fourth Amendment Violations In Illinois
What Does A UUW Charge Mean In Illinois?
A charge of UUW in Illinois represents unlawful carrying or use of a weapon according to the stipulation under 720 ILCS 5/24-1 against the law in the state. It may be for the reason that one has carried a concealed weapon without a permit or taken weapons to prohibited places.
How Might The Fourth Amendment Apply To My UUW Case?
The Fourth Amendment protects you against unreasonable searches and seizures. To the extent a weapon is found pursuant to a search in violation of those protections, any evidence recovered may be suppressed, and correspondingly, the charge of UUW is dismissed.
What Is A Motion To Suppress?
The legal document filed by your defense when asking the court to suppress evidence obtained through unconstitutional means, such as illegal search or seizure, may substantially weaken the prosecution’s case if granted.
Can A UUW Charge Be Dismissed On The Grounds That My Fourth Amendment Rights Have Been Violated?
Yes, if it can be shown that the search in which a weapon was found violated the defendant’s Fourth Amendment rights, then the charge can be dismissed because the evidence is inadmissible.
What Do I Do If I Believe My Fourth Amendment Rights Were Violated?
If you believe that your rights under the Fourth Amendment were violated in a UUW case, then it is very important for you to speak with our qualified UUW attorney right away. We can look over the specifics of your case and decide whether a Motion to Suppress is applicable.
Protecting Your Rights
If you are facing UUW-related charges, it is paramount that you involve a highly experienced attorney who can re-analyze the events involved in your arrest and any subsequent searches. As a lawyer who is knowledgeable about Illinois UUW, my strategy evaluates all aspects of evidence gathering to ensure that no constitutional rights of yours have been breached.
Contact Our Chicago UUW Lawyers For Exceptional Representation
Have you been charged with UUW in Illinois? Do not take a potential infringement of your rights lying down. Contact our Chicago UUW attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Located in Chicago, IL, our office proudly serves all of Chicago. Let us stand to your defense and work toward the best result possible in your case.