In any major U.S. city, a determined police officer can be an intimidating sight. If a cop shows up at your door, it’s only natural to feel like you have to let him or her inside—after all, it’s a police officer. Maybe they make you feel safe, or maybe they just shock you into agreeing. Whatever your initial reaction, there is one critical thing that you must remember if a police officer shows up at your door: your constitutional rights.

While there are exceptions to this rule (we’ll get to those in a second), for the most part, it is illegal for a police officer to enter your home without a search warrant.

Know Your Rights

The Fourth Amendment of the Constitution protects you from “unlawful search and seizure.” In this case, that means a police officer cannot enter your home without a warrant.

This rule extends universally. Whether or not cops themselves abide by it is sometimes a different story, but if you do not consent to cops’ entry and they come into your house anyway, they are breaking the law.

The only times a police officer can enter your home without a warrant are:

1. If you consent; or
2. If they are in “hot pursuit” and are actively following a suspect that is directly in your home

Unless either of the above two points apply, if a police officer shows up at your doorstep without a warrant, you are not obligated to allow them entry. And don’t worry—by refusing entry, you will not be resisting arrest or impeding an investigation, you will merely be exercising your rights.

What is a Warrant?

In order for police officers to legally enter a person’s home, it is usually necessary that they first obtain a warrant from the court. Typically, there are two types of warrants:

• An arrest warrant will grant permission to the police officers to arrest the person named in the arrest. It will also grant permission for officers to search that person as well as his or her immediate surrounding area.
• A search warrant will grant permission to police officers to search whatever area is identified in the warrant. This can include entire homes, yards, and additional spaces.

In order to obtain a warrant, a police officer must demonstrate to a judge that he or she has reason to believe that a crime has occurred or that evidence linked to a crime will be found on your property. A judge or magistrate must approve this application for a warrant.

Police officers may try to enter your home for a number of reasons—they may suspect that they’ll find evidence to link you to a serious crime, they may be following up on a tip that there are drugs or illegal weapons in your home, or they may just be suspicious of you. But without either a warrant or your consent (or in the unlikely event of a police emergency that happens to be taking place in your backyard), police officers are not allowed to enter your home.

Do Not Be A Victim of Unlawful Search and Seizure

Still, just because it is illegal for cops to enter your home without a warrant doesn’t mean that they never do it. But if you know—and exercise—your rights, you may be able to fight back against whatever charges result from that unlawful entry.

If you’re facing a charge that came about as a result of illegal search and seizure, do not allow yourself to be victimized by police officers who broke the law. Fight back by calling our law offices today.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

While internationally renowned for its influential comedy scene, groundbreaking food and drink venues, and diverse neighborhoods, Chicago is also known for its high crime rates. In response to the prevalence of gang violence, sex trafficking, and drug use throughout the city, local police and public officials have invested millions of dollars hunting down and incarcerating criminals.

[clickToTweet tweet=”Each day, hundreds of residents are arrested in Chicago and its surrounding areas for a wide range of crimes.” quote=”Each day, hundreds of residents are arrested in Chicago and its surrounding areas for a wide range of crimes.”]

According to FBI statistics, there are certain types of criminal arrests and charges that have been more common than others in Chicago for the last several decades.

Below, we’ve listed the most common types of criminal charges in the city.

Theft crimes. Murders may make national news, but theft and larceny are far more common crimes in the Chicago area. Theft can refer to a variety of charges involving dishonest acquiring of property. Examples of theft crimes include shoplifting, pickpocketing, and larceny. Generally, charges are dependent upon the type of property taken, the value of that property, and the location where the theft took place.

Burglary. Burglary is the second most common criminal charge in Chicago, and is punishable by prison sentences and steep fines. Burglary occurs when someone enters a building, motor vehicle, or other structure without permission with the intention of committing a crime. Burglary charges are elevated if the alleged crime occurs in a school or place of worship. The most serious burglary occurs when someone breaks into a residential home with the intent of committing a felony or theft, either by force or deception.

Motor vehicle theft. This type of crime involves the act of stealing or attempting to steal a car. In Illinois, motor vehicle theft is prosecuted under general theft. However, the law does contain statues pertaining to carjacking and failing to return a vehicle. A person may be charged with failure to return a vehicle if they do not return a vehicle within 10 days of a written demand from the owner to do so, or if they supply false information when renting a vehicle and fail to return the vehicle within 24 hours of the owner’s written request. A person commits carjacking when they use force to take a vehicle from another.

Aggravated Assault. The third most common criminal charge in Chicago covers a wide range of criminal behaviors. Aggravated assault involves an attempt to cause serious bodily harm to another, typically using a deadly weapon. Deadly weapons include guns and knives, as well as commonplace items that are used as weapons in the crime. It is possible to be charged with aggravated assault without actually causing physical harm to the other person.

When You are Arrested or Charged With a Crime in Chicago

With crimes like theft, burglary, and assault running rampant in our city, law enforcement officials are cracking down on these and other crimes. While taking a tough stance on crime helps to keep our city safe, it can also lead to a lot of undue arrests, charges, and convictions. In their haste to combat crime and make arrests, overzealous police officers may charge innocent people with serious crimes.

That’s why it’s important to be aware of your rights, and follow these steps when arrested or charged with a crime in Chicago.

Stay calm. It’s important to maintain control of your words, movements, and body language, and do not let your emotions dictate your actions. Do not attempt to run, refrain from making sudden movements, and never put your hands in your pockets. Do not resist arrest, even if you are innocent.

Invoke your right to remain silent. Regardless of the charge you are facing, it’s almost always in your best interest to remain silent. Even an offhand comment or an answer to a seemingly harmless question can be used against you in the future. When the police question you, politely tell them you choose to consult with an attorney before speaking with them. The only information you may provide is your name and address. You should also submit to having your photograph and fingerprints taken.

Get your arresting officers’ information. If you can, record the names and badge numbers of the police officers who arrested you. It is your legal right to do so.

Contact an attorney. After an arrest, police officers should allow you to contact your family and attorney via telephone. Get in touch with an attorney with experience in the Chicago criminal justice system as soon as you can. An experienced lawyer can help you understand the charges facing you, explore your options, and defend your rights in court. With a seasoned attorney on your side, you are in a much better position to have the charges against you reduced or dropped.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Taxi drivers in Key West, Florida were more straightforward. They want a vomit fine because drunk people get sick in their cabs-often. A tentative ordinance by the Key West City Commission has ruled that drivers may charge $50 whenever a passenger vomits in their cab. According to the Miami Herald, the rule states , “In the event that a taxicab passenger soils the interior of a taxicab with bodily fluids or solids, a $50 clean-up fee will be added to the trip fare.” Five 6’s taxi company, a leader in pushing for the new ruling, says that five or six drunk passengers lose it all in the backseat of one of their cabs every year, especially during the 10-day Fantasy Fest in October and on New Year’s. To make it even more clear that taxi drivers were only looking to target drunk passengers, they stated that the fine would not be levied against small children or those who were ill.

Will Barf Fines Add to Increased DUI Arrests?

Any DUI attorney would be concerned by these rulings. Whatever happened to encouraging safe driving and responsible drinking? As Ron Klein, executive director of the St. Louis taxicab commission says, “We promote our cabs as the ultimate designated driver.” However, Klein was encouraging St. Louis lawmakers to consider a reasonable fine for vomiting when rogue taxi drivers started levying fines of their own. Klein’s former status as a St. Louis police sergeant makes it particularly disappointing that Klein would encourage such legislation. In his time as a law officer, he was on hand at hundreds of accidents related to drunk driving and recognizes that “cabs played a crucial role in keeping people who have had too much to drink from getting behind the wheel,” as Ken Leiser of the The St. Louis Post-Dispatch said.

While lawmakers rail against the dangers of drinking and driving, there appears to be little acknowledgement of or concern for those who need alternatives without fear of penalty. It seems that once again, a new law has veered off the true course of action, which is to ensure that drivers who are seriously impaired do not get behind the wheel of a car. Anything that deviates from that objective is of questionable value and also tends to punish light social drinkers who are fully capable of driving with the same heavy hand that seriously impaired drivers receive. If drunk driving laws are to have the intended impact, lawmakers must maintain tighter focus rather than try out every measure presented. We all agree that drunk driving is a real problem-but casting the net too widely only serves to dilute the solutions.

About the Author: Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a solo practitioner at the Law Offices of Andrew M. Weisberg.

While you may feel resigned that you blew your last chance, and you’re convinced that you’re headed to jail for sure, Chicago criminal defense attorney Andrew Weisberg has other ideas. Mr. Weisberg may well be able to help you avoid having your probation revoked even if you have violated. An aggressive, experienced criminal defense attorney specializes in making the impossible possible, especially in cases such as this. Where you see certain defeat, an experienced criminal defense attorney sees opportunities to help you avoid jail when you’ve violated probation.

Even if you’re sure they’ve got you, and even if you don’t feel like there’s any chance whatsoever of getting out of it, call Andrew Weisberg just to be sure. As a former Cook County prosecutor, Chicago Defense Attorney Weisberg can approach your situation with the wisdom of both sides of the courtroom and work for another chance for you to make good on your probation and move on with your life.

Chicago Criminal Defense – No matter how straightforward or complex your probation violation, Andrew M. Weisberg is a Chicago defense attorney known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.

In a brief summary of events, the 40-year-old golfer was involved in a domestic dispute in Massachusetts when a police officer responded to the scene. When the officer tried to intervene between DiRico and the woman, DiRico punched the officer repeatedly in the head necessitating hospitalization and stitches for severe facial injuries.

In Chicago, DiRico could have racked up enough charges to go to jail without ever laying a hand on anyone. If you cause someone to fear that you will harm them, threaten them verbally, or even chase them, you can find yourself facing an assault charge without ever actually touching anyone. Various other factors can elevate an assault charge to aggravated assault or assault & battery. And when the victim is a member of law enforcement, as in the case of DiRico, the charge and the penalty automatically increases.

Ideally, in cases of confrontation, cool heads will prevail, and everyone involved either makes up or agrees to disagree. But when that doesn’t happen, and you find yourself in trouble and facing an assault charge, contact Chicago assault & battery attorney Andrew Weisberg who routinely handles assault & battery cases, and as a former Chicago prosecutor, knows the ins and outs of both sides of the courtroom.

No matter how straightforward or complex your assault & battery charge, a Chicago assault & battery attorney Andrew M. Weisberg is known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.

The Act criminalizes recording any police officer whether in private or public without his or her consent as a Class 1 felony. Those who are found guilty may be subject to sentences of 15 years in prison. A Chicago criminal defense lawyer can help to minimize sentencing, or be able to facilitate a defense to get the charges dropped altogether.

The concern and motivation behind the law is to protect the privacy rights of public servants who are engaged in the commission of their official duties, who may be recorded and taken out of context. Opponents, such as the ACLU (American Civil Liberties Union) who challenged the law before the district judge’s ruling, argue that it is possible to record anyone in public without their consent, except for police officers, and that the punishment far outweighs the seriousness of the crime. Although this isn’t a frequently heard of charge, it serves as a great example of how versatile a Chicago criminal defense lawyer must be, as they are often called to defend those charged with “crimes” that defy ordinary categorization.

Chicago Criminal Defense Lawyer – No matter how straightforward or complex your criminal charge, Andrew M. Weisberg is a Chicago criminal defense attorney known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.