(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 5/108‑3) (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 |
| |
(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) (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 is then sitting and such 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 a facsimile transmission machine and any such 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 1961, 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 1961, 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 |
| |
(9) No evidence obtained pursuant to this subsection |
| (b) shall be inadmissible in a court of law by virtue of subdivision (8). | |
(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(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 |
| |
(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.) |
(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 5/108‑3) (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 |
| |
(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) (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 is then sitting and such 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 a facsimile transmission machine and any such 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 1961, 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 1961, 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 |
| |
(9) No evidence obtained pursuant to this subsection |
| (b) shall be inadmissible in a court of law by virtue of subdivision (8). | |
(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(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 |
| |
(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.) |
