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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/107-16

    (725 ILCS 5/107-16)
    Sec. 107-16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed.
(Source: P.A. 89-234, eff. 1-1-96.)

725 ILCS 5/Art. 107A

 
    (725 ILCS 5/Art. 107A heading)
ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE
(Source: P.A. 93-605, eff. 11-19-03.)

725 ILCS 5/107A-0.1

    (725 ILCS 5/107A-0.1)
    Sec. 107A-0.1. Definitions. For the purposes of this Article:
        "Eyewitness" means a person viewing the lineup whose
    
identification by sight of another person may be relevant in a criminal proceeding.
        "Filler" means a person or a photograph of a person
    
who is not suspected of an offense and is included in a lineup.
        "Independent administrator" means a lineup
    
administrator who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspected perpetrator.
        "Lineup" includes a photo lineup or live lineup.
        "Lineup administrator" means the person who conducts
    
a lineup.
        "Live lineup" means a procedure in which a group of
    
persons is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime, but does not include a showup.
        "Photo lineup" means a procedure in which photographs
    
are displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
        "Sequential lineup" means a live or photo lineup in
    
which each person or photograph is presented to an eyewitness separately, in a previously determined order, and removed from the eyewitness's view before the next person or photograph is presented, in order to determine if the eyewitness is able to identify the perpetrator of a crime.
        "Showup" means a procedure in which a suspected
    
perpetrator is presented to the eyewitness at, or near, a crime scene for the purpose of obtaining an immediate identification.
        "Simultaneous lineup" means a live or photo lineup in
    
which a group of persons or array of photographs is presented simultaneously to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
(Source: P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/107A-2

    (725 ILCS 5/107A-2)
    Sec. 107A-2. Lineup procedure.
    (a) All lineups shall be conducted using one of the following methods:
        (1) An independent administrator, unless it is not
    
practical.
        (2) An automated computer program or other device
    
that can automatically display a photo lineup to an eyewitness in a manner that prevents the lineup administrator from seeing which photograph or photographs the eyewitness is viewing until after the lineup is completed. The automated computer program may present the photographs to the eyewitness simultaneously or sequentially, consistent with the law enforcement agency guidelines required under subsection (b) of this Section.
        (3) A procedure in which photographs are placed in
    
folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or know which photograph or photographs are being presented to the eyewitness until after the procedure is completed. The photographs may be presented to the eyewitness simultaneously or sequentially, consistent with the law enforcement agency guidelines required under subsection (b) of this Section.
        (4) Any other procedure that prevents the lineup
    
administrator from knowing the identity of the suspected perpetrator or seeing or knowing the persons or photographs being presented to the eyewitness until after the procedure is completed.
    (b) Each law enforcement agency shall adopt written guidelines setting forth when, if at all, simultaneous lineups shall be conducted and when, if at all, sequential lineups shall be conducted. This subsection does not establish a preference for whether a law enforcement agency should conduct simultaneous lineups or sequential lineups. Whether and when to conduct simultaneous lineups or sequential lineups is at the discretion of each law enforcement agency. If, after the effective date of this amendatory Act of the 98th General Assembly, a method of conducting a lineup different from a simultaneous or sequential lineup is determined by the Illinois Supreme Court to be sufficiently established to have gained general acceptance as a reliable method for eyewitness identifications and provides more accurate results than simultaneous or sequential lineups, a law enforcement agency may adopt written guidelines setting forth when, if at all, this different method of conducting lineups shall be used and, when feasible, the provisions of subsection (d) of this Section shall apply to the use of these methods.
    (c) On and after the effective date of this amendatory Act of the 98th General Assembly, there is no preference as to whether a law enforcement agency conducts a live lineup or a photo lineup and to the extent that the common law directs otherwise, this direction is abrogated.
    (d) If a lineup administrator conducts a sequential lineup, the following shall apply:
        (1) Solely at the eyewitness's request, the lineup
    
administrator may present a person or photograph to the eyewitness an additional time but only after the eyewitness has first viewed each person or photograph one time.
        (2) If the eyewitness identifies a person as a
    
perpetrator, the lineup administrator shall continue to sequentially present the remaining persons or photographs to the eyewitness until the eyewitness has viewed each person or photograph.
    (e) Before a lineup is conducted:
        (1) The eyewitness shall be instructed that:
            (A) if recording the lineup is practical, an
        
audio and video recording of the lineup will be made for the purpose of accurately documenting all statements made by the eyewitness, unless the eyewitness refuses to the recording of the lineup, and that if a recording is made it will be of the persons in the lineup and the eyewitness;
            (B) the perpetrator may or may not be presented
        
in the lineup;
            (C) if an independent administrator is
        
conducting the lineup, the independent administrator does not know the suspected perpetrator's identity or if the administrator conducting the lineup is not an independent administrator, the eyewitness should not assume that the lineup administrator knows which person in the lineup is the suspect;
            (D) the eyewitness should not feel compelled to
        
make an identification;
            (E) it is as important to exclude innocent
        
persons as it is to identify a perpetrator; and
            (F) the investigation will continue whether or
        
not an identification is made.
        (2) The eyewitness shall acknowledge in writing the
    
receipt of the instructions required under this subsection and, if applicable, the refusal to be recorded. If the eyewitness refuses to sign the acknowledgement, the lineup administrator shall note the refusal of the eyewitness to sign the acknowledgement and shall also sign the acknowledgement.
    (f) In conducting a lineup:
        (1) When practicable, the lineup administrator shall
    
separate all eyewitnesses in order to prevent the eyewitnesses from conferring with one another before and during the lineup procedure. If separating the eyewitnesses is not practicable, the lineup administrator shall ensure that all eyewitnesses are monitored and that they do not confer with one another while waiting to view the lineup and during the lineup.
        (2) Each eyewitness shall perform the identification
    
procedures without any other eyewitness present. Each eyewitness shall be given instructions regarding the identification procedures without other eyewitnesses present.
        (3) The lineup shall be composed to ensure that the
    
suspected perpetrator does not unduly stand out from the fillers. In addition:
            (A) Only one suspected perpetrator shall be
        
included in a lineup.
            (B) The suspected perpetrator shall not be
        
substantially different in appearance from the fillers based on the eyewitness's previous description of the perpetrator or based on other factors that would draw attention to the suspected perpetrator.
            (C) At least 5 fillers shall be included in a
        
photo lineup, in addition to the suspected perpetrator.
            (D) When practicable, at least 5 fillers shall be
        
included in a live lineup, in addition to the suspected perpetrator, but in no event shall there be less than 3 fillers in addition to the suspected perpetrator.
            (E) If the eyewitness has previously viewed a
        
photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the current suspected perpetrator participates shall be different from the fillers used in the prior lineups.
        (4) If there are multiple eyewitnesses, subject to
    
the requirements in subsection (a) of this Section and to the extent possible, the suspected perpetrator shall be placed in a different position in the lineup or photo array for each eyewitness.
        (5) Nothing shall be communicated to the eyewitness
    
regarding the suspected perpetrator's position in the lineup or regarding anything that may influence the eyewitness's identification.
        (6) No writings or information concerning any
    
previous arrest, indictment, or conviction of the suspected perpetrator shall be visible or made known to the eyewitness.
        (7) If a photo lineup, the photograph of the
    
suspected perpetrator shall be contemporary in relation to the photographs of the fillers and, to the extent practicable, shall resemble the suspected perpetrator's appearance at the time of the offense.
        (8) If a live lineup, any identifying actions, such
    
as speech, gestures, or other movements, shall be performed by all lineup participants.
        (9) If a live lineup, all lineup participants must be
    
out of view of the eyewitness prior to the lineup.
        (10) The lineup administrator shall obtain and
    
document any and all statements made by the eyewitness during the lineup as to the perpetrator's identity. When practicable, an audio or video recording of the statements shall be made.
        (11) If the eyewitness identifies a person as the
    
perpetrator, the eyewitness shall not be provided any information concerning the person until after the lineup is completed.
        (12) Unless otherwise allowed under subsection (a) of
    
this Section, there shall not be anyone present during a lineup who knows the suspected perpetrator's identity, except the eyewitness and suspected perpetrator's counsel if required by law.
    (g) The lineup administrator shall make an official report of all lineups, which shall include all of the following information:
        (1) All identification and non-identification results
    
obtained during the lineup, signed by the eyewitness, including any and all statements made by the eyewitness during the lineup as to the perpetrator's identity as required under paragraph (10) of subsection (f) of this Section. If the eyewitness refuses to sign, the lineup administrator shall note the refusal of the eyewitness to sign the results and shall also sign the notation.
        (2) The names of all persons who viewed the lineup.
        (3) The names of all law enforcement officers and
    
counsel present during the lineup.
        (4) The date, time, and location of the lineup.
        (5) Whether it was a photo lineup or live lineup and
    
how many persons or photographs were presented in the lineup.
        (6) The sources of all persons or photographs used as
    
fillers in the lineup.
        (7) In a photo lineup, the actual photographs shown
    
to the eyewitness.
        (8) In a live lineup, a photograph or other visual
    
recording of the lineup that includes all persons who participated in the lineup.
        (9) If applicable, the eyewitness's refusal to be
    
recorded.
        (10) If applicable, the reason for any
    
impracticability in strict compliance with this Section.
    (h) Unless it is not practical or the eyewitness refuses, a video record of all lineup procedures shall be made.
        (1) If a video record is not practical or the
    
eyewitness refuses to allow a video record to be made:
            (A) the reasons or the refusal shall be
        
documented in the official report required under subsection (g) of this Section;
            (B) an audio record shall be made, if practical;
        
and
            (C) if a live lineup, the lineup shall be
        
photographed.
        (2) If an audio record is not practical, the reasons
    
shall be documented in the official report required under subsection (g) of this Section.
    (i) The photographs, recordings, and the official report of the lineup required by this Section shall be disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. All photographs of suspected perpetrators shown to an eyewitness during a lineup shall be disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. To protect the identity of the eyewitness and the identities of law enforcement officers used as fillers in the lineup from being disclosed to third parties, the State's Attorney shall petition the court for a protective order under Supreme Court Rule 415 upon disclosure of the photographs or recordings to the counsel of the accused.
    (j) All of the following shall be available as consequences of compliance or noncompliance with the requirements of this Section:
        (1) Failure to comply with any of the requirements of
    
this Section shall be a factor to be considered by the court in adjudicating a motion to suppress an eyewitness identification or any other motion to bar an eyewitness identification. These motions shall be in writing and state facts showing how the identification procedure was improper. This paragraph (1) makes no change to existing applicable common law or statutory standards or burdens of proof.
        (2) When warranted by the evidence presented at
    
trial, the jury shall be instructed that it may consider all the facts and circumstances including compliance or noncompliance with this Section to assist in its weighing of the identification testimony of an eyewitness.
    (k) Any electronic recording made during a lineup that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the recording shall not be transmitted to any person except as necessary to comply with this Section.
(Source: P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/107A-5

    (725 ILCS 5/107A-5)
    Sec. 107A-5. (Repealed).
(Source: P.A. 93-605, eff. 11-19-03. Repealed by P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/107A-10

    (725 ILCS 5/107A-10)
    Sec. 107A-10. (Repealed).
(Source: P.A. 93-655, eff. 1-20-04. Repealed by P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/Art. 108

 
    (725 ILCS 5/Art. 108 heading)
ARTICLE 108. SEARCH AND SEIZURE

725 ILCS 5/108-1

    (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
    Sec. 108-1. Search without warrant.
    (1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:
        (a) protecting the officer from attack; or
        (b) preventing the person from escaping; or
        (c) discovering the fruits of the crime; or
        (d) discovering any instruments, articles, or things
    
which may have been used in the commission of, or which may constitute evidence of, an offense.
    (2) (Blank).
    (3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.
(Source: P.A. 93-99, eff. 7-3-03.)

725 ILCS 5/108-1.01

    (725 ILCS 5/108-1.01) (from Ch. 38, par. 108-1.01)
    Sec. 108-1.01. Search during temporary questioning.
    When a peace officer has stopped a person for temporary questioning pursuant to Section 107-14 of this Code and reasonably suspects that he or another is in danger of attack, he may search the person for weapons. If the officer discovers a weapon, he may take it until the completion of the questioning, at which time he shall either return the weapon, if lawfully possessed, or arrest the person so questioned.
(Source: Laws 1968, p. 218.)

725 ILCS 5/108-2

    (725 ILCS 5/108-2) (from Ch. 38, par. 108-2)
    Sec. 108-2. Custody and disposition of things seized. An inventory of all instruments, articles or things seized on a search without warrant shall be given to the person arrested and a copy thereof delivered to the judge before whom the person arrested is taken, and thereafter, such instruments, articles or things shall be handled and disposed of in accordance with Sections 108-11 and 108-12 of this Code. If the person arrested is released without a charge being preferred against him all instruments, articles or things seized, other than contraband, shall be returned to him upon release.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/108-3

    (725 ILCS 5/108-3) (from Ch. 38, par. 108-3)
    Sec. 108-3. Grounds for search warrant.
    (a) Except as provided in subsection (b), upon the written complaint of any person under oath or affirmation which states facts sufficient to show probable cause and which particularly describes the place or person, or both, to be searched and the things to be seized, any judge may issue a search warrant for the seizure of the following:
        (1) Any instruments, articles or things designed or
    
intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed.
        (2) Any person who has been kidnaped in violation of
    
the laws of this State, or who has been kidnaped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.
    (b) When the things to be seized are the work product of, or used in the ordinary course of business, and in the possession, custody, or control of any person known to be engaged in the gathering or dissemination of news for the print or broadcast media, no judge may issue a search warrant unless the requirements set forth in subsection (a) are satisfied and there is probable cause to believe that:
        (1) such person has committed or is committing a
    
criminal offense; or
        (2) the things to be seized will be destroyed or
    
removed from the State if the search warrant is not issued.
(Source: P.A. 89-377, eff. 8-18-95.)

725 ILCS 5/108-4

    (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
    Sec. 108-4. Issuance of search warrant.
    (a) All warrants upon written complaint shall state the time and date of issuance and be the warrants of the judge issuing the same and not the warrants of the court in which he or she is then sitting and these warrants need not bear the seal of the court or clerk thereof. The complaint on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned "not executed".
    The search warrant upon written complaint may be issued electronically or electromagnetically by use of electronic mail or a facsimile transmission machine and this warrant shall have the same validity as a written search warrant.
    (b) Warrant upon oral testimony.
        (1) General rule. When the offense in connection with
    
which a search warrant is sought constitutes terrorism or any related offense as defined in Article 29D of the Criminal Code of 2012, and if the circumstances make it reasonable to dispense, in whole or in part, with a written affidavit, a judge may issue a warrant based upon sworn testimony communicated by telephone or other appropriate means, including facsimile transmission.
        (2) Application. The person who is requesting the
    
warrant shall prepare a document to be known as a duplicate original warrant and shall read such duplicate original warrant, verbatim, to the judge. The judge shall enter, verbatim, what is so read to the judge on a document to be known as the original warrant. The judge may direct that the warrant be modified.
        (3) Issuance. If the judge is satisfied that the
    
offense in connection with which the search warrant is sought constitutes terrorism or any related offense as defined in Article 29D of the Criminal Code of 2012, that the circumstances are such as to make it reasonable to dispense with a written affidavit, and that grounds for the application exist or that there is probable cause to believe that they exist, the judge shall order the issuance of a warrant by directing the person requesting the warrant to sign the judge's name on the duplicate original warrant. The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.
        (4) Recording and certification of testimony. When a
    
caller informs the judge that the purpose of the call is to request a warrant, the judge shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for that warrant. If a voice recording device is available, the judge shall record by means of the device all of the call after the caller informs the judge that the purpose of the call is to request a warrant, otherwise a stenographic or longhand verbatim record shall be made. If a voice recording device is used or a stenographic record made, the judge shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the judge shall file a signed copy with the court.
        (5) Contents. The contents of a warrant upon oral
    
testimony shall be the same as the contents of a warrant upon affidavit.
        (6) Additional rule for execution. The person who
    
executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.
        (7) Motion to suppress based on failure to obtain a
    
written affidavit. Evidence obtained pursuant to a warrant issued under this subsection (b) is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit, absent a finding of bad faith. All other grounds to move to suppress are preserved.
        (8) This subsection (b) is inoperative on and after
    
January 1, 2005.
        (9) No evidence obtained pursuant to this subsection
    
(b) shall be inadmissible in a court of law by virtue of subdivision (8).
    (c) Warrant upon testimony by simultaneous video and audio transmission.
        (1) General rule. When a search warrant is sought and
    
the request is made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge, the judge may issue a search warrant based upon sworn testimony communicated in the transmission.
        (2) Application. The requestor shall prepare a
    
document to be known as a duplicate original warrant, and
            (A) if circumstances allow, the requestor shall
        
transmit a copy of the warrant together with a complaint for search warrant to the judge by facsimile, email, or other reliable electronic means; or
            (B) if circumstances make transmission under
        
subparagraph (A) of this paragraph (2) impracticable, the requestor shall read the duplicate original warrant, verbatim, to the judge after being placed under oath as provided in paragraph (4) of this subsection (c). The judge shall enter, verbatim, what is so read to the judge on a document in the judge's possession.
    Under both subparagraphs (A) and (B), the document in
    
possession of the judge shall be known as the original warrant. The judge may direct that the warrant be modified.
        (3) Issuance. If the judge is satisfied that grounds
    
for the application exist or that there is probable cause to believe that grounds exist, the judge shall order the issuance of a warrant by directing the requestor to sign the judge's name on the duplicate original warrant, place the requestor's initials below the judge's name, and enter on the face of the duplicate original warrant the exact date and time when the warrant was ordered to be issued. The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact date and time when the warrant was ordered to be issued. The finding of probable cause for a warrant under this subsection (c) may be based on the same kind of evidence as is sufficient for a warrant under subsection (a).
        (4) Recording and certification of testimony. When a
    
requestor initiates a request for search warrant under this subsection (c), and after the requestor informs the judge that the purpose of the communication is to request a warrant, the judge shall place under oath each person whose testimony forms a basis of the application and each person applying for that warrant. A record of the facts upon which the judge based his or her decision to issue a warrant must be made and filed with the court, together with the original warrant.
            (A) When the requestor has provided the judge
        
with a written complaint for search warrant under subparagraph (A) of paragraph (2) of this subsection (c) and the judge has sworn the complainant to the facts contained in the complaint for search warrant but has taken no other oral testimony from any person that is essential to establishing probable cause, the judge must acknowledge the attestation in writing on the complaint and file this acknowledged complaint with the court.
            (B) When the requestor has not provided the judge
        
with a written complaint for search warrant, or when the judge has taken oral testimony essential to establishing probable cause not contained in the written complaint for search warrant, the essential facts in the oral testimony that form the basis of the judge's decision to issue the warrant shall be included in the record together with the written complaint, if any. If a recording device is used or a stenographic record is made, the judge shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand record is made, the judge shall file a signed copy with the court.
    The material to be filed need not be filed until the
    
warrant has been executed or has been returned "not executed".
        (5) Contents. The contents of a warrant under this
    
subsection (c) shall be the same as the contents of a warrant upon affidavit. A warrant under this subsection is a warrant of the judge issuing the same and not the warrant of the court in which he or she is then sitting and these warrants need not bear the seal of the court or the clerk of the court.
        (6) Additional rule for execution. The person who
    
executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.
        (7) Motion to suppress based on failure to obtain a
    
written affidavit. Evidence obtained under a warrant issued under this subsection (c) is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit, absent a finding of bad faith. All other grounds to move to suppress are preserved.
    (d) The Chief Judge of the circuit court or presiding judge in the issuing jurisdiction shall, by local rule, create a standard practice for the filing or other retention of documents or recordings produced under this Section.
(Source: P.A. 98-829, eff. 8-1-14; 98-905, eff. 1-1-15; 99-78, eff. 7-20-15.)

725 ILCS 5/108-5

    (725 ILCS 5/108-5) (from Ch. 38, par. 108-5)
    Sec. 108-5. Persons authorized to execute search warrants.
    The warrant shall be issued in duplicate and shall be directed for execution to all peace officers of the State. However, the judge may direct the warrant to be executed by any person named specially therein.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/108-6

    (725 ILCS 5/108-6) (from Ch. 38, par. 108-6)
    Sec. 108-6. Execution of search warrants.
    The warrant shall be executed within 96 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or things are seized or if no person is available the copy shall be left at the place from which the instruments, articles or things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the judge issuing the same as "not executed".
(Source: Laws 1963, p. 2836.)

725 ILCS 5/108-7

    (725 ILCS 5/108-7) (from Ch. 38, par. 108-7)
    Sec. 108-7. Command of search warrant.
    The warrant shall command the person directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles or things particularly described in the warrant.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/108-8

    (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
    Sec. 108-8. Use of force in execution of search warrant.
    (a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant.
    (b) The court issuing a warrant may authorize the officer executing the warrant to make entry without first knocking and announcing his or her office if it finds, based upon a showing of specific facts, the existence of the following exigent circumstances:
        (1) That the officer reasonably believes that if
    
notice were given a weapon would be used:
            (i) against the officer executing the search
        
warrant; or
            (ii) against another person.
        (2) That if notice were given there is an imminent
    
"danger" that evidence will be destroyed.
(Source: P.A. 92-502, eff. 12-19-01.)