Because the facts surrounding the officer's entry into the defendant's car are not in dispute, we review the trial judge's decisions as a matter of law. Both the United States and Illinois Constitutions protect every person from unreasonable searches and seizures. Ill. Const. 1970, art. Generally, searches and seizures are only reasonable if the government has first obtained a warrant authorizing the action. The burden is on the one seeking the exception to show the need for it.
Consent can render a search reasonable.
A search incident to a lawful arrest also does not require a warrant. Thus, the police may search the arrestee and areas within his reach to prevent him from obtaining weapons or destroying evidence. We do not consider that general principles of fourth amendment jurisprudence validate the officer's actions in this case. The record does not show, and the State does not claim, that the officers here had either a warrant, probable cause or the defendant's consent to conduct a search. Nonetheless, the defendant's car was searched twice.