(720 ILCS 570/502)
(from Ch. 56 1/2, par. 1502)
(a) Issuance and execution of administrative inspection warrants shall
be as follows:
(1) a judge of a circuit court upon proper
oath or affirmation showing probable cause, may issue warrants for the
purpose of conducting administrative inspections authorized by this Act or
rules hereunder, and seizures of property appropriate to the inspections.
For purposes of the issuance of administrative inspection warrants,
probable cause exists upon showing a valid public interest in the effective
enforcement of this Act or rules hereunder, sufficient to justify
administrative inspection of the controlled premises, as defined in
subsection (b), specified in the application for the warrant.
(2) an inspection warrant shall issue only upon an affidavit of any
person having knowledge of the facts alleged, sworn to before the circuit
judge and establishing the grounds for issuing the inspection warrant. If
the circuit judge is satisfied that there is probable cause to believe that
grounds for issuance of an inspection warrant exist, he shall issue an
inspection warrant identifying the controlled premises to be inspected, the
purpose of the inspection, and, if appropriate, the type of property to be
inspected or seized, if any. The inspection warrant shall:
(i) state the ground for its issuance and the name of each person whose
affidavit has been taken in support thereof;
(ii) be directed to a person authorized by Section 501 to execute it;
(iii) command the person to whom it is directed to inspect the
controlled premises identified for the purpose specified and, if
appropriate, direct the seizure of the property specified;
(iv) identify the item or types of property to be seized, if any;
(v) direct that it be served at any time of the day or night and
designate the circuit court judge to whom it shall be returned.
(3) an inspection warrant issued pursuant to this Section must be
executed and returned within 10 days of its date of issuance unless, upon a
showing of a need for additional time, the court which issued the
inspection warrant orders otherwise. If property is seized pursuant to an
inspection warrant, a copy of the inventory of such seized property shall
be given to the person from whom or from whose controlled premises the
property is taken. If no person is available, the inspection warrant and a
copy of the inventory shall be left at such controlled premises. The
inventory shall be made under oath by the person executing the warrant.
(4) an inspection warrant shall be returnable before the judge of the
circuit court who issued the inspection warrant or any judge named in the
inspection warrant or before the circuit court. The judge
before whom the return is made shall attach to the inspection warrant a
copy of the return and all papers returnable in connection therewith and
file them with the clerk of the circuit court in which the inspection
warrant was executed.
(5) no warrant shall be quashed nor evidence suppressed because of
technical irregularities not affecting the substantial rights of the person
responsible for the controlled premises.
(b) The Director may make inspections of controlled premises in
accordance with the following provisions:
(1) For purposes of this Section only, "controlled premises" means:
(i) places where persons registered or exempted from registration
requirements under this Act keep records required under this Act; and
(ii) places, including but not limited to, areas, buildings, premises,
factories, warehouses, establishments and conveyances in which persons
registered or exempted from registration requirements under this Act are
permitted to possess, manufacture, distribute, dispense, administer, or
otherwise dispose of any controlled substance.
(2) When authorized by an inspection warrant issued pursuant to this
Act, any agent designated by the Director or any peace officer, upon
presenting the inspection warrant to the person designated in the
inspection warrant or any other person on the controlled premises, may
enter controlled premises for the purpose of conducting the inspection.
(3) When authorized by an inspection warrant any agent designated by the
Director may execute the inspection warrant in accordance with its terms.
(4) This section does not prevent the inspection without a warrant of
books and records pursuant to an administrative subpoena issued in
accordance with "The Civil Administrative Code of Illinois," nor does it
prevent entries and administrative inspections, including seizures of
property, without a warrant:
(i) if the person in charge of the controlled premises consents; or
(ii) in situations presenting imminent danger to health or safety; or
(iii) in situations involving inspection of conveyances if there is
reasonable cause to believe that the mobility of the conveyance makes it
impracticable to obtain a warrant; or
(iv) in any other exceptional or emergency circumstance where time or
opportunity to apply for a warrant is lacking.
(5) An inspection warrant authorized by this Section shall not extend to
financial data, sales data, other than shipment data, or pricing data
unless the person in charge of the controlled premises consents in writing,
provided, however, that records required to be kept under this Act are not
included in such financial data, sales data or pricing data.
(Source: P.A. 79-1362.)