Chapter 725 — CRIMINAL PROCEDURE

(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 compla…

(725 ILCS 5/107A-0.1) Sec. 107A-0.1. Definitions. For the purposes of this Article: "Eyewitness" means a person viewing the lineup whose identification by sight of another person may be relevant in a criminal proceeding. "Filler" means a person or a photograph of a person who is …

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 (Repealed).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 Repealed by P.A. 98-1014, eff. 1-1-15.)

(725 ILCS 5/107A-2) Sec. 107A-2. Lineup procedure. (a) All lineups shall be conducted using one of the following methods: (1) An independent administrator, unless it is not practical. (2) An automated computer program or other device that can automatically display a photo lineup …

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 (Repealed).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 Repealed by P.A. 98-1014, eff. 1-1-15.)

(725 ILCS 5/108-1) (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…

(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…

(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…

(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…

(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.)

(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 th…

(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 …

(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 si…

(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…

(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 thing…

(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 …

(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 m…

(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 p…

(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1) Sec. 108A-1. Authorization for use of eavesdropping device. The State's Attorney or an Assistant State's Attorney authorized by the State's Attorney may authorize an application to a circuit judge or an associate judge assigned by th…

(725 ILCS 5/108A-10) (from Ch. 38, par. 108A-10) Sec. 108A-10. Appeal by State. In addition to any other right to appeal, the State shall have the right to appeal from a denial of an application for an order of authorization or approval and the right to appeal the granting of a m…

(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 …

(725 ILCS 5/108A-2) (from Ch. 38, par. 108A-2) Sec. 108A-2. Authorized Disclosure or Use of Information. (a) Any law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an eav…

(725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3) Sec. 108A-3. Procedure for Obtaining Judicial Approval of Use of Eavesdropping Device. (a) Where any one party to a conversation to occur in the future has consented to the use of an eavesdropping device to overhear or record the con…

(725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4) Sec. 108A-4. Grounds for Approval or Authorization. The judge may authorize or approve the use of the eavesdropping device where it is found that: (a) one party to the conversation has or will have consented to the use of the device;…

(725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5) Sec. 108A-5. Orders Authorizing Use of an Eavesdropping Device. (a) Each order authorizing or approving the use of an eavesdropping device shall specify: (1) the identity of the person who has consented to the use of the device to mo…

(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6) Sec. 108A-6. Emergency Exception to Procedures. (a) Notwithstanding any other provisions of this Article, any investigative or law enforcement officer, upon approval of a State's Attorney, or without it if a reasonable effort has bee…

(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7) Sec. 108A-7. Retention and review of recordings. (a) The contents of any conversation overheard by any eavesdropping device shall, if possible, be recorded on tape or a comparable device. The recording of the contents of a conversati…

(725 ILCS 5/108A-8) (from Ch. 38, par. 108A-8) Sec. 108A-8. Notice to Parties Overheard. (a) Within a reasonable time, but not later than 90 days after either the filing of an application for an order of authorization or approval which is denied or not later than 90 days after th…

(725 ILCS 5/108A-9) (from Ch. 38, par. 108A-9) Sec. 108A-9. Motion to Suppress Contents of Recording, etc. (a) Any aggrieved person in any judicial or administrative proceeding may move to suppress the contents of any recorded conversation or evidence derived therefrom on the gro…

(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,…

(725 ILCS 5/108B-1.5) Sec. 108B-1.5. Retired law enforcement officer. Nothing in this Article authorizes a retired law enforcement officer to display or use a firearm at any time. (Source: P.A. 92-863, eff. 1-3-03.)

(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10) Sec. 108B-10. Applications, orders, and custody. (a) Applications made and orders granted under this Article for the interception of private communications shall be sealed by the chief judge issuing or denying them and held in cust…

(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11) Sec. 108B-11. Inventory. (a) Within a reasonable period of time but not later than 90 days after the termination of the period of the order, or its extensions, or the date of the denial of an application made under Section 108B-8, …

(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 r…

(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 disa…

(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14) Sec. 108B-14. Training. (a) The Director of the Illinois State Police shall: (1) Establish a course of training in the legal, practical, and technical aspects of the interception of private communications and related investigation …

(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2) Sec. 108B-2. Request for application for interception. (a) A State's Attorney may apply for an order authorizing interception of private communications in accordance with the provisions of this Article. (b) The head of a law enforcem…

(725 ILCS 5/108B-2a) (from Ch. 38, par. 108B-2a) Sec. 108B-2a. Authorized disclosure or use of information. (a) Any law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an …

(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) Sec. 108B-3. Authorization for the interception of private communication. (a) The State's Attorney, or a person designated in writing or by law to act for him and to perform his duties during his absence or disability, may authorize,…

(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…

(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5) Sec. 108B-5. Requirements for order of interception. (a) Upon consideration of an application, the chief judge may enter an ex parte order, as requested or as modified, authorizing the interception of a private communication, if the …

(725 ILCS 5/108B-6) (from Ch. 38, par. 108B-6) Sec. 108B-6. Privileged communications. Nothing in this Article shall be construed to authorize the interception, disclosure or use of information obtained from privileged communications. (Source: P.A. 85-1203.)

(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 parti…

(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…

(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8) Sec. 108B-8. Emergency use of eavesdropping device. (a) Whenever, upon informal application by the State's Attorney, a chief judge of competent jurisdiction determines that: (1) there may be grounds upon which an order could be issue…

(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9) Sec. 108B-9. Recordings, records and custody. (a) Any private communication intercepted in accordance with this Article shall, if practicable, be recorded by tape or other comparable method. The recording shall, if practicable, be do…

(725 ILCS 5/109-1) (from Ch. 38, par. 109-1) Sec. 109-1. Person arrested; release from law enforcement custody and court appearance; geographic constraints prevent in-person appearances. (a) A person arrested with or without a warrant for an offense for which pretrial release may…

(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1) Sec. 109-1.1. Whenever a person arrested either with or without a warrant is taken before a judge as provided for in Sections 107-9(d)(6) and 109-1(a), the judge shall ask the arrestee whether he or she has any children under 18 ye…