(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that an offense
has been committed, it shall examine upon oath or affirmation the
complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if |
| not known the accused may be designated by any name or description by which he can be identified with reasonable certainty;
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(2) State the offense with which the accused is
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(3) State the time and place of the offense as
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| definitely as can be done by the complainant; and
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(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant or summons is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant or summons based upon a sworn complaint or sworn testimony communicated in the transmission.
(c) A warrant or summons may be issued by the court for the arrest or appearance of the person
complained against if it appears from the contents of the complaint and the
examination of the complainant or other witnesses, if any, that the person
against whom the complaint was made has committed an offense.
(d) The warrant of arrest or summons shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the
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| person to be arrested or summoned or, if his name, sex or birth date is unknown, shall designate such person by any name or description by which the person can be identified with reasonable certainty;
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(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality
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(5) Be signed by the judge of the court with the
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| title of the judge's office; and
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(6) Command that the person against whom the
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| complaint was made to be arrested and brought before the court issuing the warrant or the nearest or most accessible court in the same county, or appear before the court at a certain time and place;
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(7) Specify the conditions of pretrial release, if
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(8) Specify any geographical limitation placed on the
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| execution of the warrant, if any, but such limitation shall not be expressed in mileage.
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(e) The summons may be served in the same manner as the summons in a civil action, except that a police officer may serve a summons for a violation of an ordinance occurring within the municipality of the police officer.
(f) If the person summoned fails to appear by the date required or cannot be located to serve the summons, a warrant may be issued by the court for the arrest of the person complained against.
(g) A warrant of arrest issued under this Section shall incorporate the information included in the summons, and shall comply with the following:
(1) The arrest warrant shall specify any geographic
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| limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage.
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(2) The arrest warrant shall be directed to all peace
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| officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State.
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(h) The arrest warrant or summons may be issued electronically or electromagnetically by
use of electronic mail or a facsimile transmission machine and any such arrest warrant or summons shall have the
same validity as a written arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(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 |
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(2) An automated computer program or other device
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| 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.
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(3) A procedure in which photographs are placed in
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| 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.
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(4) Any other procedure that prevents the lineup
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| 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.
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(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
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| 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.
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(2) If the eyewitness identifies a person as a
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| 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.
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(e) Before a lineup is conducted:
(1) The eyewitness shall be instructed that:
(A) if recording the lineup is practical, an
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| 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;
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(B) the perpetrator may or may not be presented
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(C) if an independent administrator is
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| 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;
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(D) the eyewitness should not feel compelled to
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(E) it is as important to exclude innocent
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| persons as it is to identify a perpetrator; and
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(F) the investigation will continue whether or
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| not an identification is made.
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(2) The eyewitness shall acknowledge in writing the
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| 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.
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(f) In conducting a lineup:
(1) When practicable, the lineup administrator shall
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| 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.
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(2) Each eyewitness shall perform the identification
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| procedures without any other eyewitness present. Each eyewitness shall be given instructions regarding the identification procedures without other eyewitnesses present.
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(3) The lineup shall be composed to ensure that the
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| suspected perpetrator does not unduly stand out from the fillers. In addition:
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(A) Only one suspected perpetrator shall be
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(B) The suspected perpetrator shall not be
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| 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.
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(C) At least 5 fillers shall be included in a
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| photo lineup, in addition to the suspected perpetrator.
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(D) When practicable, at least 5 fillers shall be
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| 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.
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(E) If the eyewitness has previously viewed a
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| 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.
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(4) If there are multiple eyewitnesses, subject to
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| 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.
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(5) Nothing shall be communicated to the eyewitness
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| regarding the suspected perpetrator's position in the lineup or regarding anything that may influence the eyewitness's identification.
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(6) No writings or information concerning any
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| previous arrest, indictment, or conviction of the suspected perpetrator shall be visible or made known to the eyewitness.
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(7) If a photo lineup, the photograph of the
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| 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.
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(8) If a live lineup, any identifying actions, such
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| as speech, gestures, or other movements, shall be performed by all lineup participants.
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(9) If a live lineup, all lineup participants must be
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| out of view of the eyewitness prior to the lineup.
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(10) The lineup administrator shall obtain and
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| 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.
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(11) If the eyewitness identifies a person as the
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| perpetrator, the eyewitness shall not be provided any information concerning the person until after the lineup is completed.
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(12) Unless otherwise allowed under subsection (a) of
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| 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.
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(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
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| 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.
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(2) The names of all persons who viewed the lineup.
(3) The names of all law enforcement officers and
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| counsel present during the lineup.
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(4) The date, time, and location of the lineup.
(5) Whether it was a photo lineup or live lineup and
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| how many persons or photographs were presented in the lineup.
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(6) The sources of all persons or photographs used as
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(7) In a photo lineup, the actual photographs shown
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(8) In a live lineup, a photograph or other visual
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| recording of the lineup that includes all persons who participated in the lineup.
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(9) If applicable, the eyewitness's refusal to be
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(10) If applicable, the reason for any
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| impracticability in strict compliance with this Section.
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(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
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| eyewitness refuses to allow a video record to be made:
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(A) the reasons or the refusal shall be
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| documented in the official report required under subsection (g) of this Section;
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(B) an audio record shall be made, if practical;
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(C) if a live lineup, the lineup shall be
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(2) If an audio record is not practical, the reasons
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| shall be documented in the official report required under subsection (g) of this Section.
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(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
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| 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.
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(2) When warranted by the evidence presented at
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| 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.
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(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 .)
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(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.
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(2) Application. The person who is requesting the
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| 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.
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(3) Issuance. If the judge is satisfied that the
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| 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.
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(4) Recording and certification of testimony. When a
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| 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.
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(5) Contents. The contents of a warrant upon oral
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| testimony shall be the same as the contents of a warrant upon affidavit.
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(6) Additional rule for execution. The person who
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| executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.
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(7) Motion to suppress based on failure to obtain a
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| 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.
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(8) This subsection (b) is inoperative on and after
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(9) No evidence obtained pursuant to this subsection
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| (b) shall be inadmissible in a court of law by virtue of subdivision (8).
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(c) Warrant upon testimony by simultaneous video and audio transmission.
(1) General rule. When a search warrant is sought and
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| 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.
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(2) Application. The requestor shall prepare a
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| document to be known as a duplicate original warrant, and
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(A) if circumstances allow, the requestor shall
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| 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
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(B) if circumstances make transmission under
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| 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.
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Under both subparagraphs (A) and (B), the document in
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| possession of the judge shall be known as the original warrant. The judge may direct that the warrant be modified.
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(3) Issuance. If the judge is satisfied that grounds
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| 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).
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(4) Recording and certification of testimony. When a
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| 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.
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(A) When the requestor has provided the judge
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| 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.
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(B) When the requestor has not provided the judge
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| 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.
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The material to be filed need not be filed until the
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| warrant has been executed or has been returned "not executed".
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(5) Contents. The contents of a warrant under this
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| 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.
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(6) Additional rule for execution. The person who
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| executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.
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(7) Motion to suppress based on failure to obtain a
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| 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.
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(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.)
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(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
Sec. 108A-11. Reports concerning use of eavesdropping devices. (a) In January of each year the State's Attorney of each county in which
eavesdropping devices were used pursuant to the provisions of this
Article shall report to the Illinois State Police the
following with respect to each application for an order authorizing the
use of an eavesdropping device, or an extension thereof, made during the
preceding calendar year:
(1) the fact that such an order, extension, or |
| subsequent approval of an emergency was applied for;
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(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension
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| was granted as applied for was modified, or was denied;
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(4) the period authorized by the order or extensions
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| in which an eavesdropping device could be used;
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(5) the felony specified in the order extension or
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(6) the identity of the applying investigative or law
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| enforcement officer and agency making the application and the State's Attorney authorizing the application; and
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(7) the nature of the facilities from which or the
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| place where the eavesdropping device was to be used.
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(b) Such report shall also include the following:
(1) a general description of the uses of
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| eavesdropping devices actually made under such order to overheard or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device;
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(2) the number of arrests resulting from authorized
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| uses of eavesdropping devices and the offenses for which arrests were made;
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(3) the number of trials resulting from such uses of
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(4) the number of motions to suppress made with
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| respect to such uses, and the number granted or denied; and
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(5) the number of convictions resulting from such
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| uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions.
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(c) In April of each year, the Illinois State Police
shall transmit to the General Assembly
a report including information on the number of
applications for orders authorizing the use of eavesdropping
devices, the number of orders and extensions granted or denied
during the preceding calendar year, and the convictions arising
out of such uses.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this Article:
(a) "Aggrieved person" means a person who was a party to any intercepted
private communication or any person against
whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge authorized to receive
application for, and to enter orders authorizing, interceptions of private
communications, the Chief Judge of the Circuit
Court wherein the application for order of interception is filed, or a Circuit
Judge
designated by the Chief Judge to enter these orders. In circuits other than
the Cook County Circuit, "Chief Judge" also means, when referring to a
judge authorized to receive application for, and to enter orders
authorizing, interceptions of private
communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases who is assigned
by the Chief Judge to enter these orders. After assignment by the Chief
Judge, an Associate Judge shall have plenary authority to issue orders
without additional authorization for each specific application made to him
by the State's Attorney until the time the
Associate
Judge's power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person engaged as a common
carrier in the transmission of communications by wire or radio,
not including radio broadcasting.
(d) "Contents" includes information obtained from
a private
communication concerning the existence, substance,
purport or meaning of the communication, or the identity of a party of the
communication.
(e) "Court of competent jurisdiction" means any circuit court.
(f) (Blank).
(g) "Director" means Director of the Illinois State Police.
(g-1) "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in
whole or part by a wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and receiving parties
intend the electronic communication to be private and the interception,
recording, or transcription of the electronic communication is accomplished by
a device in a surreptitious manner contrary to the provisions of this Article.
"Electronic communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or "eavesdropping device"
means any device or apparatus, or computer program including an induction
coil, that can be used to intercept private
communication other than:
(1) Any telephone, telegraph or telecommunication |
| instrument, equipment or facility, or any component of it, furnished to the subscriber or user by a communication common carrier in the ordinary course of its business, or purchased by any person and being used by the subscriber, user or person in the ordinary course of his business, or being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or
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(2) A hearing aid or similar device being used to
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| correct subnormal hearing to not better than normal.
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(i) "Electronic criminal surveillance officer" means any law enforcement
officer or retired law enforcement officer of the United States or of the State
or political subdivision of
it, or of another State, or of a political subdivision of it, who is
certified by the Illinois State Police to intercept private
communications.
A retired law enforcement officer may be certified by the Illinois State
Police only to (i) prepare petitions for the authority to intercept private
communications in accordance with the provisions of this Act; (ii)
intercept and supervise the interception of private communications;
(iii)
handle, safeguard, and use evidence derived from such private
communications; and (iv) operate and maintain equipment used to intercept
private
communications.
(j) "In-progress trace" means to determine the origin of a wire
communication to a telephone or telegraph instrument, equipment or facility
during the course of the communication.
(k) "Intercept" means the aural or other acquisition of the contents of
any private communication through the use of any
electronic criminal
surveillance device.
(l) "Journalist" means a person engaged in, connected with, or employed
by news media, including newspapers, magazines, press associations, news
agencies, wire services, radio, television or other similar media, for the
purpose of gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement agency of the
United States, or the State or a political subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one
party to another, in person, by wire communication or by any other means.
(o) "Private communication" means a wire,
oral, or electronic communication
uttered or transmitted by a person exhibiting an expectation that the
communication is not
subject to interception, under circumstances reasonably justifying the
expectation. Circumstances that reasonably justify the expectation that
a communication is not subject to interception include the use of a
cordless telephone or cellular communication device.
(p) "Wire communication" means any human speech used to communicate by
one party to another in whole or in part through the use of facilities for
the transmission of communications by wire, cable or other like
connection between the point of origin and the point of reception
furnished or operated by a communications common carrier.
(q) "Privileged communications" means a private
communication between:
(1) a licensed and practicing physician and a patient
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| within the scope of the profession of the physician;
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(2) a licensed and practicing psychologist to a
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| patient within the scope of the profession of the psychologist;
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(3) a licensed and practicing attorney-at-law and a
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| client within the scope of the profession of the lawyer;
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(4) a practicing clergyman and a confidant within the
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| scope of the profession of the clergyman;
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(5) a practicing journalist within the scope of his
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(6) spouses within the scope of their marital
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|
(7) a licensed and practicing social worker to a
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| client within the scope of the profession of the social worker.
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(r) "Retired law
enforcement officer" means a person: (1) who is a graduate of a
police training institute or academy, who after graduating served for
at least 15 consecutive years as a sworn, full-time peace officer
qualified to carry firearms for any federal or State department or
agency or for any unit of local government of Illinois; (2) who has
retired as a local, State, or federal peace officer in a
publicly created peace officer retirement system; and (3) whose
service in law enforcement was honorably terminated through
retirement or disability and not as a result of discipline, suspension,
or discharge.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
Sec. 108B-4.
Application for order of interception.
(a) Each application for an order of authorization to intercept a private
communication shall be made in writing upon oath
or affirmation and shall include:
(1) the authority of the applicant to make the |
|
(2) the identity of the electronic criminal
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| surveillance officer for whom the authority to intercept a private communication is sought;
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|
(3) the facts relied upon by the applicant including:
(i) the identity of the particular person, if
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| known, who is committing, is about to commit, or has committed the offense and whose private communication is to be intercepted;
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(ii) the details as to the particular offense
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| that has been, is being, or is about to be committed;
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|
(iii) the particular type of private
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| communication to be intercepted;
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(iv) except as provided in Section 108B-7.5, a
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| showing that there is probable cause to believe that the private communication will be communicated on the particular wire or electronic communication facility involved or at the particular place where the oral communication is to be intercepted;
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(v) except as provided in Section 108B-7.5, the
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| character and location of the particular wire or electronic communication facilities involved or the particular place where the oral communication is to be intercepted;
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(vi) the objective of the investigation;
(vii) a statement of the period of time for which
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| the interception is required to be maintained, and, if the objective of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur;
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|
(viii) a particular statement of facts showing
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| that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ;
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|
(4) where the application is for the extension of an
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| order, a statement of facts showing the results obtained from the interception, or a reasonable explanation of the failure to obtain results;
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(5) a statement of the facts concerning all previous
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| applications known to the applicant made to any court for authorization to intercept a private communication involving any of the same facilities or places specified in the application or involving any person whose communication is to be intercepted, and the action taken by the court on each application;
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(6) a proposed order of authorization for
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| consideration by the judge; and
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(7) such additional statements of facts in support of
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| the application on which the applicant may rely or as the chief judge may require.
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|
(b) As part of the consideration of that part of an application for which
there is no corroborative evidence offered, the chief judge may inquire in
camera
as to the identity of any informant or request any other additional information
concerning the basis upon which the State's Attorney,
or the head of the
law enforcement agency
has relied in making an application or a request for application for the
order of authorization which
the chief judge finds relevant
to the determination of probable cause under this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)
Sec. 108B-7.
Contents of order for use of eavesdropping device.
(a) Each order authorizing the interception of a private
communication shall state:
(1) the chief judge is authorized to issue the order;
(2) the identity of, or a particular description of, |
| the person, if known, whose private communications are to be intercepted;
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|
(3) the character and location of the particular wire
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| communication facilities as to which, or the particular place of the communications as to which, authority to intercept is granted;
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|
(4) a particular description of the type of private
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| communication to be intercepted and a statement of the particular offense to which it relates;
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|
(5) the identity and certification of the electronic
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| criminal surveillance officers to whom the authority to intercept a private communication is given and the identity of the person who authorized the application; and
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(6) the period of time during which the interception
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| is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
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|
(b) No order entered under this Section shall authorize the interception
of private communications for a period of time in
excess of that necessary
to achieve the objective of the authorization. Every order entered under
this Section shall require that the interception begin and terminate as
soon as practicable and be conducted in such a manner as to minimize the
interception of communications not otherwise subject to interception. No
order, other than for an extension, entered under this Section may authorize
the interception of private communications for
any
period exceeding
30 days. Extensions of an order may be granted for periods of not more than 30
days.
No extension shall be granted unless an application for it is made in
accordance
with Section 108B-4 and the judge makes the findings required by Section
108B-5 and, where necessary, Section 108B-6.
(c) Whenever an order authorizing an interception is entered, the order
shall require reports to be made to the chief judge who issued the order
showing
what progress has been made toward achievement of the authorized objective
and the need for continued interception. The reports shall be made at such
intervals as the judge may require.
(d) An order authorizing the interception of a private
communication
shall, upon request of the applicant, direct that a communications common
carrier, landlord, owner, building operator, custodian, or other person furnish
the applicant forthwith all information, facilities and technical assistance
necessary to accomplish the interception unobtrusively and with
a minimum of interference with the services that the carrier, owner, building
operator, landlord, custodian, or person is affording the person whose
communication
is to be intercepted. The obligation of a communications common carrier
under the order may include conducting an in-progress trace during an
interception.
Any communications common carrier, landlord, owner, building operator,
custodian,
or person
furnishing the facilities or technical assistance shall be compensated by
the applicant at the prevailing rates.
(e) A communications common carrier, landlord, owner, building operator,
custodian, or other person who has been provided with an order issued under
this Article shall not disclose the existence of the order of interception,
or of a device used to accomplish the interception unless:
(1) he is required to do so by legal process; and
(2) he has given prior notification to the State's
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| Attorney, who has authorized the application for the order.
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|
(f) An order authorizing the interception of a private
communication
shall, upon the request of the applicant, authorize the entry into the place
or facilities by electronic criminal surveillance officers as often as
necessary
for the purpose of installing, maintaining or removing an intercepting device
where the entry is necessary to conduct or complete the interception.
The chief judge who issues the order shall be notified of the fact of each
entry
prior to entry, if practicable, and, in any case, within 48 hours of entry.
(g) (1) Notwithstanding any provision of this Article, any chief judge of a
court of competent jurisdiction to which any application is made under this
Article may take any evidence, make any finding, or issue any order to conform
the proceedings or the issuance of any order to the Constitution of the
United States, or of any law of the United States or to the Constitution of the
State of Illinois or to the laws of Illinois.
(2) When the language of this Article is the same or similar to the language
of Title III of P.L. 90-351 (82 Stat. 211 et seq., codified at, 18 U.S.C.
2510 et seq.), the courts of this State in construing this Article shall
follow the construction given to Federal law by the United States Supreme
Court or United States Court of Appeals for the Seventh Circuit.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-7.5)
Sec. 108B-7.5. Applicability.
(a) The requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article
relating to the specification of
the facilities from which, or the place where, the communication is to be
intercepted do not apply if:
(1) in the case of an application with respect to the |
| interception of an oral communication:
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|
(A) the application is by the State's Attorney,
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| or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability;
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|
(B) the application contains a full and complete
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| statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted;
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|
(C) the judge finds that such specification is
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|
(D) the order sought is in connection with an
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| investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
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|
(2) in the case of an application with respect to a
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| wire or electronic communication:
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|
(A) the application is by the State's Attorney,
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| or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability;
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|
(B) the application identifies the person
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| believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;
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|
(C) the judge finds that such showing has been
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|
(D) the order authorizing or approving the
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| interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted; and
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|
(E) the order sought is in connection with an
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| investigation of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012.
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|
(b) An interception of a communication under an order with respect to which
the requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do
not apply by reason of this Section
shall not begin until the place where the communication is to be intercepted is
ascertained by the person implementing the interception order. A provider of
wire or electronic communications service that has received an order as
provided for in subdivision (a)(2) may upon notice to the People move the court
to modify or quash the
order on the ground that its assistance with respect to the interception cannot
be performed in a timely or reasonable fashion. The court
shall decide such a motion expeditiously.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
Sec. 108B-12.
Approval, notice, suppression.
(a) If an electronic
criminal surveillance officer, while intercepting a private
communication
in accordance with the provision of this Article, intercepts a private
communication that relates to an offense other than an
offense enumerated
in Section 108B-3 of the Act, or relates to an offense enumerated in Section
108B-3 but not specified in the order of authorization,
the State's Attorney,
or a person designated in writing or by law to act for him, may, in order
to permit the disclosure or use of the information under Section 108B-2a of
this Act, make a motion for an order
approving the interception. The chief judge of a court of competent
jurisdiction
shall enter an order approving the interception if he finds that at the
time of the application, there existed probable cause to believe that a
person whose private communication was
intercepted
was committing or
had committed an offense and the content of the communication relates to
that offense, and that the communication
was otherwise intercepted in accordance with the provisions of this Article.
(b) An intercepted private communication, or
evidence derived from
it, may not be received in evidence or otherwise disclosed in an official
proceeding unless each aggrieved person who is a party in the official
proceeding,
including any proceeding before a legislative, judicial, administrative
or other governmental agency or official authorized to hear evidence under
oath or other person taking testimony or depositions in any such proceeding,
other than a grand jury, has, not less than 10 days
before the official proceeding, been furnished with a copy of the court
order, and the accompanying application, under which the interception was
authorized or approved. The 10 day period may be waived by the presiding
official if he finds that it was not practicable to furnish the person with
the information 10 days before the proceeding, and that the person will
not be or has not been prejudiced by delay in receiving the information.
(c) An aggrieved person in an official proceeding may make a motion under
this Section to suppress the contents of an intercepted private
communication,
or evidence derived from it, on the grounds that:
(1) the communication was unlawfully intercepted;
(2) the order of authorization or approval under |
| which it was intercepted is insufficient on its face; or
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|
(3) the interception was not made in conformity with
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| the order of authorization or approval or at the time of the application there was not probable cause to believe that the aggrieved person was committing or had committed the offense to which the content of the private communication relates.
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|
(d) If a motion under this Section duly alleges that the evidence sought
to be suppressed in an official proceeding, including a grand jury, has
been derived from an unlawfully intercepted private
communication,
and if the aggrieved person who is a party has not been served with notice
of the interception
under this Section, the opponent of the allegation shall, after conducting
a thorough search of its files, affirm or deny the occurrence of the alleged
unlawful interception, but no motion shall be considered if the alleged
unlawful interception took place more than 5 years before the event to
which the evidence relates.
(e) Where a motion is duly made under this Section prior to the appearance
of a witness before a grand jury, the opponent of the motion may make such
applications and orders as it has available to the chief judge of a court of
competent
jurisdiction in camera, and if the judge determines that there is no defect
in them sufficient on its face to render them invalid, the judge shall inform
the witness that he has not been the subject of an unlawful interception.
If the judge determines that there is a defect in them sufficient on its
face to render them invalid, he shall enter an order prohibiting any question
being put to the witness based on the unlawful interception.
(f) Motions under this Section shall be made prior to the official
proceeding
unless there was no opportunity to make the motion or unless the aggrieved
person who is a party was not aware of the grounds for the motion. Motions
by co-indictees
shall, on motion of the People, be heard in a single consolidated hearing.
(g) A chief judge of a court of competent jurisdiction, upon the filing of a
motion by an aggrieved person who is a party under this Section, except before
a grand
jury, may make available for inspection by the aggrieved person or his attorney
such portions of the intercepted private communications, applications and
orders
or the evidence derived from them as the judge determines to be in the interest
of justice.
(h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in
evidence in an official proceeding, including a grand jury.
(i) In addition to any other right of appeal, the People shall have the
right to appeal from an order granting a motion to suppress if the official
to whom the order authorizing the interception was granted certifies to
the court that the appeal is not taken for purposes of delay. The appeal
shall otherwise be taken in accordance with the law.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
Sec. 108B-13. Reports concerning use of eavesdropping devices.
(a) Within 30 days after the expiration of an order and each extension
thereof
authorizing an interception, or within 30 days after the denial of an
application or disapproval of an application subsequent to any alleged
emergency situation, the State's Attorney shall report to the Illinois
State Police the following:
(1) the fact that such an order, extension, or |
| subsequent approval of an emergency was applied for;
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|
(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension
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| was granted as applied for was modified, or was denied;
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|
(4) the period authorized by the order or extensions
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| in which an eavesdropping device could be used;
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|
(5) the offense enumerated in Section 108B-3 which is
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| specified in the order or extension or in the denied application;
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|
(6) the identity of the applying electronic criminal
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| surveillance officer and agency making the application and the State's Attorney authorizing the application; and
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|
(7) the nature of the facilities from which or the
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| place where the eavesdropping device was to be used.
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|
(b) In January of each year the State's Attorney of each county in which
an interception occurred pursuant to the provisions of this Article shall
report to the Illinois State Police the following:
(1) a general description of the uses of
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| eavesdropping devices actually made under such order to overhear or record conversations, including: (a) the approximate nature and frequency of incriminating conversations overheard, (b) the approximate nature and frequency of other conversations overheard, (c) the approximate number of persons whose conversations were overheard, and (d) the approximate nature, amount, and cost of the manpower and other resources used pursuant to the authorization to use an eavesdropping device;
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|
(2) the number of arrests resulting from authorized
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| uses of eavesdropping devices and the offenses for which arrests were made;
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|
(3) the number of trials resulting from such uses of
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|
(4) the number of motions to suppress made with
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| respect to such uses, and the number granted or denied; and
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|
(5) the number of convictions resulting from such
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| uses and the offenses for which the convictions were obtained and a general assessment of the importance of the convictions.
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|
On or before March 1 of each year, the Director of the Illinois
State Police shall submit to the Governor a report of all intercepts as
defined herein conducted pursuant to this Article and terminated during the
preceding calendar year. Such report shall include:
(1) the reports of State's Attorneys forwarded to the
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| Director as required in this Section;
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|
(2) the number of Illinois State Police personnel
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| authorized to possess, install, or operate electronic, mechanical, or other devices;
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|
(3) the number of Illinois State Police and other law
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| enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this Article during the preceding calendar year;
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|
(4) the number of electronic criminal surveillance
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| officers trained by the Illinois State Police;
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|
(5) the total cost to the Illinois State Police of
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| all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to or by the Illinois State Police; and
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|
(6) a summary of the use of eavesdropping devices
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| pursuant to orders of interception including (a) the frequency of use in each county, (b) the frequency of use for each crime enumerated in Section 108B-3 of the Code of Criminal Procedure of 1963, as amended, (c) the type and frequency of eavesdropping device use, and (d) the frequency of use by each police department or law enforcement agency of this State.
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|
(d) In April of each year, the Director of the Illinois State
Police and the Governor shall each transmit to the General
Assembly reports including information on the number of applications for
orders authorizing the use of eavesdropping devices, the number of orders
and extensions granted or denied during the preceding calendar year, the
convictions arising out of such uses, and a summary of the information
required by subsections (a) and (b) of this Section.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as
required by Section 3.1 of the General Assembly Organization Act, and filing
such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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