Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CRIMINAL PROCEDURE725 ILCS 5/108-11
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/108-11)
(from Ch. 38, par. 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
(725 ILCS 5/108-12)
(from Ch. 38, par. 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 or the Criminal Code of 2012, 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. 97-1150, eff. 1-25-13.)
725 ILCS 5/108-13
(725 ILCS 5/108-13)
(from Ch. 38, par. 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
(725 ILCS 5/108-14)
(from Ch. 38, par. 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/Art. 108A
(725 ILCS 5/Art. 108A heading)
JUDICIAL SUPERVISION OF
THE USE OF EAVESDROPPING DEVICES
725 ILCS 5/108A-1
(725 ILCS 5/108A-1)
(from Ch. 38, par. 108A-1)
Authorization for use of eavesdropping device.
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 the Chief Judge of the circuit for, and such judge
may grant in conformity with this Article, an order authorizing or approving
the use of an eavesdropping device by a law enforcement officer or agency
having the responsibility for the investigation of any felony under Illinois
law where any one party to a conversation to be monitored, or previously
monitored in the case of an emergency situation as defined in this Article,
has consented to such monitoring.
The Chief Judge of the circuit may assign to associate judges the power
to issue orders authorizing or approving the use of eavesdropping devices
by law enforcement officers or agencies in accordance with this Article.
After assignment by the Chief Judge, an associate judge shall have plenary
authority to issue such orders without additional authorization for each
specific application made to him by the State's Attorney until such time as
the associate judge's power is rescinded by the Chief Judge.
(Source: P.A. 92-413, eff. 8-17-01.)
725 ILCS 5/108A-2
(725 ILCS 5/108A-2)
(from Ch. 38, par. 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 eavesdropping
device or evidence derived therefrom, may disclose such contents
to another law enforcement officer or prosecuting attorney to
the extent that such disclosure is appropriate to the proper
performance of the official duties of the person making or
receiving the disclosure.
(b) Any investigative or law enforcement officer who, by
any means authorized in this Article, has obtained knowledge
of the contents of any conversation overheard or recorded
use of an eavesdropping device or evidence derived therefrom,
may use the contents to the extent such use is appropriate to
the proper performance of his official duties.
(c) Admissibility into evidence in any judicial, administrative,
or legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 79-1159.)
725 ILCS 5/108A-3
(725 ILCS 5/108A-3)
(from Ch. 38, par. 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 conversation, a judge may grant
approval to an application to use an eavesdropping device
pursuant to the provisions of this section.
Each application for an order authorizing or subsequently approving the
use of an eavesdropping device shall be made in writing
upon oath or affirmation to a circuit judge, or an associate judge
assigned for such purpose pursuant to Section 108A-1 of this Code, and
shall state the applicant's authority to make such application. Each
application shall include the following:
(1) the identity of the investigative or law enforcement
officer making the application and the State's Attorney authorizing
(2) a statement of the facts and circumstances
relied upon by the applicant to justify his belief that
an order should be issued including: (a) details as to the
felony that has been, is being, or is about to be committed; (b)
a description of the type of communication sought to be monitored; (c) the
identity of the party to the expected conversation consenting
to the use of an eavesdropping device; (d) the identity of
the person, if known, whose conversations are to be overheard by
the eavesdropping device;
(3) a statement of the period of time for which
the use of the device is to be maintained or, if the
nature of the investigation is such that the authorization for
use of the device should not terminate automatically when the
described type of communication is overheard or recorded, a
description of facts establishing reasonable cause to
believe that additional conversations of the same type will
(4) a statement of the existence of all
previous applications known to the individual making the
application which have been made to any judge requesting permission
to use an eavesdropping device involving the same
persons in the present application, and the
action taken by the judge on the previous applications;
(5) when the application is for an extension of an
order, a statement setting forth the results so far obtained
from the use of the eavesdropping device or an explanation of
the failure to obtain such results.
(b) The judge may request the applicant to furnish additional
testimony, witnesses, or evidence in support of the application.
(Source: P.A. 86-391.)
725 ILCS 5/108A-4
(725 ILCS 5/108A-4)
(from Ch. 38, par. 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;
(b) there is reasonable cause for believing that an individual
is committing, has committed, or is about to commit a felony under Illinois law;
(c) there is reasonable cause for believing that particular
conversations concerning that felony offense will be obtained
through such use; and
(d) for any extension authorized, that further use of a
device is warranted on similar grounds.
(Source: P.A. 79-1159.)
725 ILCS 5/108A-5
(725 ILCS 5/108A-5)
(from Ch. 38, par. 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 monitor any of his conversations and a requirement that any conversation overheard or received must include this person;
(2) the identity of the other person or persons, if
known, who will participate in the conversation;
(3) the period of time in which the use of the device
is authorized, including a statement as to whether or not the use shall automatically terminate when the described conversations have been first obtained.
(b) No order entered under this section may authorize
or approve the use of any eavesdropping device for any period longer than
30 days. An
initial or a subsequent extension, in no case for more than
30 days each, of an order may be granted but only upon
application made in accordance with Section 108A-3 and where
the court makes the findings required in Section 108A-4.
(Source: P.A. 92-413, eff. 8-17-01.)
725 ILCS 5/108A-6
(725 ILCS 5/108A-6)
(from Ch. 38, par. 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
been made to contact the appropriate State's Attorney, may use
an eavesdropping device in an emergency situation as defined
in this Section. Such use must be in accordance with the
provisions of this Section and may be allowed only where the officer
reasonably believes that an order permitting the use of the
device would issue were there a prior hearing.
An emergency situation exists when, without previous
notice to the law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard or
recorded will occur within a short period of time, the use
of the device is necessary for the protection of the law enforcement
officer or it will occur in a situation involving a clear and present
danger of imminent death or great bodily harm to persons resulting from:
(1) a kidnapping or the holding of a hostage by force or the threat of the
imminent use of force; or (2) the occupation by force or the threat of the
imminent use of force of any premises, place, vehicle, vessel or aircraft; or
(3) any violation of Article 29D.
(b) In all such cases, an application for an order approving
the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of
such use. In the absence of such an order, or upon its denial,
any continuing use shall immediately terminate.
In order to approve such emergency use, the judge must
make a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency situation as
defined in this Section.
(c) In the event that an application for approval under this Section is
denied the contents of the conversations overheard or recorded shall be
treated as having been obtained in violation of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
725 ILCS 5/108A-7
(725 ILCS 5/108A-7)
(from Ch. 38, par. 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
conversation under this Article shall be done in such a way
as will protect the recording from editing or other alterations.
(b) Immediately after the expiration of the period of
the order or extension or, where the recording was made in an
emergency situation as defined in Section 108A-6, at the time of
the request for approval subsequent to the emergency, all such
recordings shall be made available to the judge issuing the
order or hearing the application for approval of an emergency application.
The judge shall listen to the tapes, determine if the conversations
thereon are within his order or were appropriately
made in emergency situations, and make a record of such determination
to be retained with the tapes.
The recordings shall be sealed under the instructions of
the judge and custody shall be where he orders. Such recordings
shall not be destroyed except upon order of the judge hearing
the application and in any event shall be kept for 10 years
if not destroyed upon his order.
Duplicate recordings may be made for any use or disclosure
authorized by this Article. The presence of the seal
provided for in this Section or a satisfactory explanation for the
absence thereof shall be a pre-requisite for the use or
disclosure of the contents of the recordings or any evidence derived therefrom.
(c) Applications made and orders granted under this
Article shall be sealed by the judge. Custody of the applications
and orders shall be wherever the judge requests.
Such applications and orders shall be disclosed only upon a
showing of good cause before a judge. Such documents shall
not be destroyed except on the order of the issuing or
denying judge or after the expiration of 10 years time if
not destroyed upon his order.
(Source: P.A. 79-1159.)