Search and Seizure and the Law of Arrest
What this domain tests
This domain asks whether a search or seizure was lawful under the Fourth Amendment and Illinois Constitution Article I, Section 6, and whether an arrest was authorized under Illinois statute.
Core rules
- A warrant based on probable cause is the default. Exceptions include consent (voluntary, with scope and apparent authority), search incident to arrest, plain view, exigent circumstances, the automobile exception, inventory, and special needs.
- Search incident to arrest of a vehicle is limited by Arizona v. Gant: officers may search the passenger compartment only if the arrestee is within reaching distance of it or the offense of arrest will supply evidence there.
- Terry v. Ohio permits a brief stop on reasonable suspicion of criminal activity and a frisk for weapons when there is reasonable suspicion the person is armed and dangerous. Illinois codifies temporary questioning at 725 ILCS 5/107-14 and frisks at 108-1.01.
- Arrest authority: 725 ILCS 5/107-2 allows a warrantless arrest when the officer has reasonable grounds to believe the person committed an offense, when the offense is committed in the officer's presence, or when a warrant exists. Arrests in the home generally require a warrant or valid consent absent exigency.
- Probable cause is a practical, totality-of-circumstances judgment, not a formula.
Worked example
An officer stops a car for a cracked windshield. The driver has an active warrant and is handcuffed and placed in the squad. The officer then searches the passenger compartment for "officer safety." Under Gant, that search is unlawful unless evidence of the offense of arrest could be found in the car. An inventory search under a written policy, or a search warrant, would be the correct path.
Traps
Searching a car incident to arrest after the arrestee is secured. Assuming consent by a roommate or passenger covers areas they do not control. Prolonging a traffic stop beyond its mission (Rodriguez v. United States). Confusing reasonable suspicion with probable cause.