Crime & Traffic

VIDEO: Learn more about police encounters.

What is consent?

Consent When someone gives permission for someone else to do something means letting someone do something. Consent may be in the form of words, gesture, or conduct. If you tell the police that it is okay to enter your house or car, you are giving them consent. 

Consent should always be given freely and voluntarily. In some cases, the police may ask for your consent to search something. If you give the police consent to search, they do not need a warrant, even if they otherwise would have needed one. This is true even if you give the consent while in custody, unless the consent was not given freely and voluntarily.

You have the right to not give consent to a search. If you don't want to give consent, you need to make it clear. Say "I do not consent." Don't just say "no." 

Warrants and police searches

A warrant is an order, issued by a judge, instructing a police officer to search a particular place or to arrest a specific person. A judge has to decide if a warrant should be issued or not. If a judge issues a warrant, then no consent is needed to arrest a person or search a particular place. Sometimes the police need a warrant to conduct a search or make an arrest; other times they do not need one.

For the police to use a warrant, the warrant must describe in detail:

• The place they want to search, and
• The person or thing they want to take.

You have the right to see the warrant.

In Illinois, the state or city police cannot enforce Taking legal steps to make someone do what the court tells them to do a civil immigration warrant or detainer.

Can the police search my home?  

In most cases, police officers cannot enter your home without a warrant. In fact, in most cases you can tell them no if they ask to come into your home. If they do have a warrant, what they can do depends on what type of warrant they have. 

With a search warrant, the police may search any of the areas described in the warrant, including any containers large enough to hold the evidence Anything used to show that something is true they are looking for. A search warrant alone is not sufficient to effectuate an arrest, but officers may do so if the search warrant leads to a reasonable belief that a crime has occurred or is about to be committed Includes juveniles in placement in the facility as part of a court order. . This is also called probable cause.

With an arrest warrant, they can search the person named in the arrest warrant, as well as the area right around that person. 

Law enforcement officers can only enter your home without a warrant if:

• You give them consent to enter, or
• There is an emergency, like chasing someone who committed a felony A serious crime that is punishable by more than one year in prison .

Can the police search my car?

It depends. Usually, the police do not need a warrant to search a car. The rules for entering or searching a car are very different from the rules for searching your home. 

If the police have probable cause, they can search your car for those things. Officers will have probable cause to conduct such a search if evidence of a crime is in plain view. Note

However, even if the police do not have probable cause, they can still search the car if the driver or a passenger in the car has been arrested. They generally cannot search the trunk or other locked compartment. However, they can if the car is going to be towed away.

Editor's note: The Illinois Supreme Court ruled in People v. Redmond, 2024 IL 129201, that the smell of raw cannabis alone does not give police probable cause to search a vehicle.

The police illegally searched my house or car

If you think a search is taking place illegally, you can say again “I do not consent.” You also have the right at all times to remain silent. Do not physically try to stop law enforcement officers from entering or searching your home or car. Document the search on camera if possible. 

As soon as possible after the search, write down all of the details that you can remember, including the:

• Time and place where the incident took place,
• Names, badge numbers, and/or physical descriptions of the officers involved,
• Type of clothing the officers were wearing,
• Type of car the officers were driving (marked or unmarked),
• Names and contact information of any witnesses, and
• Any other information that you think might be helpful.

You can then contact a lawyer Someone who represents clients in courts or who gives legal advice to discuss the situation.

My property was damaged during a police search

You can contact your city or county to file a damage claim. The City of Chicago's Damage Claims Department can be contacted at:

Chicago Claims Unit
2 N. La Salle St., Suite 350
Chicago, IL  60602
312.744.5650 Voice
312.744.5449 Fax
312.744.8677 TTY