2005 Illinois 725 ILCS 5/      Code of Criminal Procedure of 1963. Article 108 - Search And Seizure


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

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

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

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

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

    (725 ILCS 5/108‑4) (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
    
January 1, 2005.
        (9) No evidence obtained pursuant to this subsection
    
(b) shall be inadmissable in a court of law by virtue of subdivision (8).
(Source: P.A. 92‑854, eff. 12‑5‑02.)

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

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

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

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

    (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.)

    (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.)

    (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.)

    (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", approved July 28, 1961, as heretofore and hereafter amended, 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. 83‑334.)

    (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.)

    (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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