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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 5/108-8
(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:
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(i) against the officer executing the search
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(ii) against another person.
(2) That if notice were given there is an imminent
| | "danger" that evidence will be destroyed.
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(c) Prior to the issuing of a warrant under subsection (b), the officer must attest that:
(1) prior to entering the location described in the
| | search warrant, a supervising officer will ensure that each participating member is assigned a body worn camera and is following policies and procedures in accordance with Section 10-20 of the Law Enforcement Officer-Worn Body Camera Act; provided that the law enforcement agency has implemented body worn camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act. If a law enforcement agency or each participating member of a multi-jurisdictional team has not implemented a body camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act, the officer must attest that the interaction authorized by the warrant is otherwise recorded;
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| (2) The supervising officer verified the subject
| | address listed on the warrant for accuracy and planned for children or other vulnerable people on-site; and
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| (3) if an officer becomes aware the search warrant
| | was executed at an address, unit, or apartment different from the location listed on the search warrant, that member will immediately notify a supervisor who will ensure an internal investigation or formal inquiry ensues.
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| (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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725 ILCS 5/108-9
(725 ILCS 5/108-9) (from Ch. 38, par. 108-9)
Sec. 108-9.
Detention and search of persons on premises.
In the execution of the warrant the person executing the same may
reasonably detain to search any person in the place at the time:
(a) To protect himself from attack, or
(b) To prevent the disposal or concealment of any instruments, articles
or things particularly described in the warrant.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/108-10
(725 ILCS 5/108-10) (from Ch. 38, par. 108-10)
Sec. 108-10.
Return to court of things seized.
A return of all instruments, articles or things seized shall be made
without unnecessary delay before the judge issuing the warrant or before
any judge named in the warrant or before any court of competent
jurisdiction. An inventory of any instruments, articles or things seized
shall be filed with the return and signed under oath by the officer or
person executing the warrant. The judge shall upon request deliver a copy
of the inventory to the person from whom or from whose premises the
instruments, articles or things were taken and to the applicant for the
warrant.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/108-11
(725 ILCS 5/108-11) (from Ch. 38, par. 108-11)
Sec. 108-11.
Disposition of things seized.
The court before
which the instruments, articles or things are returned shall
enter an order providing for their custody pending further proceedings.
(Source: P.A. 83-334.)
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725 ILCS 5/108-12
(725 ILCS 5/108-12) (from Ch. 38, par. 108-12)
Sec. 108-12. Disposition of obscene material. In the case of any material
seized which is alleged to have been possessed or used or intended to be
used contrary to, or is evidence of a violation of, Section 11-20 of the
Criminal Code of 1961 or the Criminal Code of 2012, the court before which the material is
returned shall, upon written request of any person from whom the material
was seized or any person claiming ownership or other right to possession
of such material, enter an order providing for a hearing to determine the
obscene nature thereof not more than 10 days after such return. If the material
is determined to be obscene it shall be held pending further proceedings
as provided by Section 108-11 of this Code. If
the material is determined not to be obscene it shall be returned to the
person from whom or place from which it was seized, or to the person
claiming ownership or other right to possession of such material; provided
that enough of the record material may be retained by the State for
purposes of appellate proceedings. The decision of the court upon this
hearing shall not be admissible as evidence in any other proceeding nor
shall it be res judicata of any question in any other proceeding.
(Source: P.A. 97-1150, eff. 1-25-13.)
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725 ILCS 5/108-13
(725 ILCS 5/108-13) (from Ch. 38, par. 108-13)
Sec. 108-13.
When warrant may be executed.
The warrant may be executed at any time of any day or night.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/108-14
(725 ILCS 5/108-14) (from Ch. 38, par. 108-14)
Sec. 108-14.
No warrant quashed for technicality.
No warrant shall be quashed nor evidence suppressed because of technical
irregularities not affecting the substantial rights of the accused.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/Art. 108A
(725 ILCS 5/Art. 108A heading)
ARTICLE 108A.
JUDICIAL SUPERVISION OF
THE USE OF EAVESDROPPING DEVICES
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725 ILCS 5/108A-1
(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)
Sec. 108A-1.
Authorization for use of eavesdropping device.
The State's
Attorney or an Assistant State's Attorney authorized by the State's
Attorney may authorize an
application to a circuit judge or an associate
judge assigned by the Chief Judge of the circuit for, and such judge
may grant in conformity with this Article, an order authorizing or approving
the use of an eavesdropping device by a law enforcement officer or agency
having the responsibility for the investigation of any felony under Illinois
law where any one party to a conversation to be monitored, or previously
monitored in the case of an emergency situation as defined in this Article,
has consented to such monitoring.
The Chief Judge of the circuit may assign to associate judges the power
to issue orders authorizing or approving the use of eavesdropping devices
by law enforcement officers or agencies in accordance with this Article.
After assignment by the Chief Judge, an associate judge shall have plenary
authority to issue such orders without additional authorization for each
specific application made to him by the State's Attorney until such time as
the associate judge's power is rescinded by the Chief Judge.
(Source: P.A. 92-413, eff. 8-17-01.)
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725 ILCS 5/108A-2
(725 ILCS 5/108A-2) (from Ch. 38, par. 108A-2)
Sec. 108A-2.
Authorized Disclosure or Use of Information.
(a) Any law enforcement
officer who, by any means authorized in this Article, has obtained knowledge of
the contents of any conversation overheard or recorded by use of an eavesdropping
device or evidence derived therefrom, may disclose such contents
to another law enforcement officer or prosecuting attorney to
the extent that such disclosure is appropriate to the proper
performance of the official duties of the person making or
receiving the disclosure.
(b) Any investigative or law enforcement officer who, by
any means authorized in this Article, has obtained knowledge
of the contents of any conversation overheard or recorded
use of an eavesdropping device or evidence derived therefrom,
may use the contents to the extent such use is appropriate to
the proper performance of his official duties.
(c) Admissibility into evidence in any judicial, administrative,
or legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 79-1159.)
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725 ILCS 5/108A-3
(725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
Sec. 108A-3.
Procedure for Obtaining Judicial Approval of Use
of Eavesdropping Device. (a) Where any one party to a conversation to occur
in the future has consented to the use of an eavesdropping device
to overhear or record the conversation, a judge may grant
approval to an application to use an eavesdropping device
pursuant to the provisions of this section.
Each application for an order authorizing or subsequently approving the
use of an eavesdropping device shall be made in writing
upon oath or affirmation to a circuit judge, or an associate judge
assigned for such purpose pursuant to Section 108A-1 of this Code, and
shall state the applicant's authority to make such application. Each
application shall include the following:
(1) the identity of the investigative or law enforcement
officer making the application and the State's Attorney authorizing
the application;
(2) a statement of the facts and circumstances
relied upon by the applicant to justify his belief that
an order should be issued including: (a) details as to the
felony that has been, is being, or is about to be committed; (b)
a description of the type of communication sought to be monitored; (c) the
identity of the party to the expected conversation consenting
to the use of an eavesdropping device; (d) the identity of
the person, if known, whose conversations are to be overheard by
the eavesdropping device;
(3) a statement of the period of time for which
the use of the device is to be maintained or, if the
nature of the investigation is such that the authorization for
use of the device should not terminate automatically when the
described type of communication is overheard or recorded, a
description of facts establishing reasonable cause to
believe that additional conversations of the same type will
occur thereafter;
(4) a statement of the existence of all
previous applications known to the individual making the
application which have been made to any judge requesting permission
to use an eavesdropping device involving the same
persons in the present application, and the
action taken by the judge on the previous applications;
(5) when the application is for an extension of an
order, a statement setting forth the results so far obtained
from the use of the eavesdropping device or an explanation of
the failure to obtain such results.
(b) The judge may request the applicant to furnish additional
testimony, witnesses, or evidence in support of the application.
(Source: P.A. 86-391.)
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725 ILCS 5/108A-4
(725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4)
Sec. 108A-4.
Grounds for Approval or Authorization.
The judge may authorize or
approve the use of the eavesdropping device where it is found that:
(a) one party to the conversation has or will have consented
to the use of the device;
(b) there is reasonable cause for believing that an individual
is committing, has committed, or is about to commit a felony under Illinois law;
(c) there is reasonable cause for believing that particular
conversations concerning that felony offense will be obtained
through such use; and
(d) for any extension authorized, that further use of a
device is warranted on similar grounds.
(Source: P.A. 79-1159.)
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