(515 ILCS 5/1-195) (from Ch. 56, par. 1-195)
Sec. 1-195.
Search warrant; process.
Whenever any authorized employee of
the Department, sheriff, deputy sheriff, or other peace officer of the
State has reason to believe that any person, commercial institution,
commission house, restaurant or cafe keeper, or fish dealer possesses any
aquatic life or any part of aquatic life contrary to the provisions of this
Code, including administrative rules, he or she may file, or cause to be
filed, a sworn complaint to that effect before the Circuit Court and
procure and execute a search warrant. Upon the execution of the search
warrant, the officer executing the search warrant shall make due return of
the search warrant to the court issuing the search warrant, together with
an inventory of all the aquatic life or any part of aquatic life taken
under the search warrant. The Court shall then issue process against the
party owning, controlling, or transporting the aquatic life or any part of
aquatic life seized, and upon its return shall proceed to determine whether
or not the aquatic life was held, possessed, or transported in violation of
this Code, including administrative rules. In case of a finding to the
effect that it was illegally held, possessed, transported, or sold, a
judgment shall be entered against the owner or party found in possession of
the aquatic life for the costs of the proceeding and providing for the
disposition of the property seized, as provided for by this Code.
(Source: P.A. 87-833.)
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