Illinois Compiled Statutes 725 Criminal Procedure: Article II - Apprehension And Investigation
Article 107. Arrest
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-1
Definitions. (a) A "warrant of arrest" is a written order from a court directed to a peace officer, or to some other person specifically...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-2
Arrest by Peace Officer. (1) A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-3
Arrest by private person. Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-4
Arrest by peace officer from other jurisdiction. (a) As used in this Section: (1) "State" means any State of the United States and the District...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-5
Method of arrest. (a) An arrest is made by an actual restraint of the person or by his submission to custody. (b) An arrest...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-6
Release by officer of person arrested. A peace officer who arrests a person without a warrant is authorized to release the person without requiring...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-7
Persons exempt from arrest. (a) Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-8
Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18. (b) A...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-10
Defective warrant. A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-11
When summons may be issued. (a) When authorized to issue a warrant of arrest, a court may instead issue a summons. (b) The summons...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-12
Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-13
Offenses committed by corporations. (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-14
Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-15
Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 107-16
Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or...
Article 107a. Lineup and Photo Spread Procedure (Source: P. A. 93-605, Eff. 11-19-03.)
Article 108. Search and Seizure
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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.)
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
Article 108a. Judicial Supervision of the Use of Eavesdropping Devices
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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,...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
Article 108b. Electronic Criminal Surveillance
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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:...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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,...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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.
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 108B-14
Training. (a) The Director of the Illinois Department of State Police shall: (1) Establish a course of training in the legal, practical, and technical...
Last modified: February 18, 2015