QUESTION

Good morning sir or madam. I have a question about an unlawful automobile search and questionable probable cause for stopping my vehicle.

Asked on Apr 23rd, 2012 on Traffic Violations - Illinois
More details to this question:
I was driving and I was being followed by an officer. He then proceeded to pull me over. Of my course my plates were clean. He asked for license and insurance. I provided that. Once he saw that I was a legit driver. he stated that he smelled marijuana, which was an excuse to search me and he didnt include it on the ticket. I have never once smoked in my car. I asked him if he had probable cause, which caused him to draw his gun and remove me from the vehicle. He searched the car and found an almost empty bottle of alcohol. He never gave me a dui evaluation. He searched my car because he kept saying that he was convinced that I was hiding drugs. I told him i was an employee and a student and i had nothing to hide. He gave me a ticket for doing 30 in the 45, and the speed limit was 35 and changed to 40 when he pulled me over. Im 23 from an impoverished town and i drive a jaguar, which caused him to say he "likes towing jaguars. I feel like this is a violation of fourth amendment rights
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1 ANSWER

Lori G. Levin
   It is unclear from your question whether you were charged with speeding or whether you are facing other charges, such as driving under the influence. Depending of the circumstances, you may or may not have a valid motion to suppress the search of your vehicle.   The law of search and seizure under the Fourth Amendment to the United States Constitution is very complex. You should contact an experienced attorney to determine your best defense and whether any pre-trial motions should be filed and litigated prior to trial.   Please understand that this is a general answer to a question posted on the internet. The answer should not be construed as legal advice. Please contact an attorney who can provide you with guidance.   Lori G. Levin 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com
Answered on Jun 28th, 2012 at 2:04 PM

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