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Illegal Search - Illinois

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kenmcbenzie

Junior Member
I was at a halloween party last friday night. Around midnight the someone noticed that there were a couple of police cars sitting in front of the apartment. At this point, all the underage people who had been drinking ran off and hid in the closet of a bedroom that was located away from the common area and couldn't be seen without entering a closed bedroom. The police entered the apartment without knocking or asking to come in. They took the ID's of everyone in the main area. Everyone was over 21 and was therefore legal. At this point one of the officers began asking what was located down the hallways. We told him that they were bedrooms. After this he proceed to walk into each bedroom and look in the closets. Naturally he found all of the underage drinkers hiding. He then proceeded to breathalyze everyone he found in the closet and gave them all drinking tickets. Because no one allowed the police to enter the apartment and because they were not given permission to search the apartment and because they didn't have a warrant, do we have any chance that this could be considered Illegal Search, or were the officers in the right on this one?

Thank you in advance.
 


CdwJava

Senior Member
The defendants will have to wait until they get a copy of the report through discovery before they can know what exigency or authority the police articulated to justify their entry. It is very possible that they had good cause to enter. if they did not, then I suspect these charges will be dropped.

Until then, the defendants should stop hosting underage drinking parties and consult legal counsel.
 

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