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Chicago, IL criminal defense attorneyOver the last year, the use of no-knock search warrants in criminal cases has come under increased scrutiny due to the risk of harm to innocent and vulnerable people who may be on the property. In fact, many cities and police departments have started to ban the practice outright. However, the State of Illinois still allows no-knock warrants under some circumstances, and if your property is subject to a warrant, it is crucial that you understand your rights.

When Can a Search Warrant Be Issued in Illinois?

The Fourth Amendment in the U.S. Bill of Rights provides protection from unreasonable search and seizure, meaning that law enforcement cannot simply search a person’s property on a whim. In most cases, officers will first need to obtain a search warrant, and in order to do so, they must demonstrate that there is probable cause to believe that evidence of a crime will be found on the property. Warrants are often used in cases involving drug possession and distribution, illegal weapons possession, stolen property, and kidnapping, among others.

Usually, before executing a warrant, police are required to attempt to make their presence known to occupants of the property by knocking and announcing themselves. However, a no-knock warrant is an exception to this rule. In order to obtain a no-knock search warrant in Illinois, officers must demonstrate that giving notice would make it likely that an occupant would either destroy evidence or use a weapon against an officer or someone else on the property.

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