Can I be arrested for blank checks being found in my car while the police were searching it?

They took my money in my pocket along with the checks and said that I can’t get my money back until they make sure that it did not come from the checks. Can they do that? I was stopped for a DUI.

Asked on February 24, 2013 under Criminal Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

When you were stopped for DUI, the search of your car was a search incident to an arrest which did not require a search warrant.  The blank checks the police found may result in additional charges against you.  The police can hold the money as evidence.

A vehicle can be searched by the police without a search warrant as an inventory search because by the time the police obtain a search warrant, the vehicle and any contraband would probably be gone.

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