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1 | | be limited to a period of 45 days, renewable by the judge |
2 | | upon a showing of good cause for subsequent periods of 45 |
3 | | days. |
4 | | (3) If a law enforcement agency possesses reasonable |
5 | | suspicion that, under particular circumstances, swift |
6 | | action is needed to prevent imminent harm to life, or to |
7 | | forestall the imminent escape of a suspect or the |
8 | | destruction of evidence. The use of a drone under this |
9 | | paragraph (3) is limited to a period of 48 hours. Within 24 |
10 | | hours of the initiation of the use of a drone under this |
11 | | paragraph (3), the chief executive officer of the law |
12 | | enforcement agency must report in writing the use of a |
13 | | drone to the local State's Attorney. |
14 | | (4) If a law enforcement agency is attempting to locate |
15 | | a missing person, and is not also undertaking a criminal |
16 | | investigation. |
17 | | (5) If a law enforcement agency is using a drone solely |
18 | | for crime scene and traffic crash scene photography. Crime |
19 | | scene and traffic crash photography must be conducted in a |
20 | | geographically confined and time-limited manner to |
21 | | document specific occurrences. The use of a drone under |
22 | | this paragraph (5) on private property requires either a |
23 | | search warrant based on probable cause under Section 108-3 |
24 | | of the Code of Criminal Procedure of 1963 or lawful consent |
25 | | to search. The use of a drone under this paragraph (5) on |
26 | | lands, highways, roadways, or areas belonging to this State |
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1 | | or political subdivisions of this State does not require a |
2 | | search warrant or consent to search. Any law enforcement |
3 | | agency operating a drone under this paragraph (5) shall |
4 | | make every reasonable attempt to only photograph the crime |
5 | | scene or traffic crash scene and avoid other areas.
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6 | | (6) If a law enforcement agency is using a drone during |
7 | | a disaster or public health emergency, as defined by |
8 | | Section 4 of the Illinois Emergency Management Agency Act. |
9 | | The use of a drone under this paragraph (6) does not |
10 | | require an official declaration of a disaster or public |
11 | | health emergency prior to use. A law enforcement agency may |
12 | | use a drone under this paragraph (6) to obtain information |
13 | | necessary for the determination of whether or not a |
14 | | disaster or public health emergency should be declared, to |
15 | | monitor weather or emergency conditions, to survey damage, |
16 | | or to otherwise coordinate response and recovery efforts. |
17 | | The use of a drone under this paragraph (6) is permissible |
18 | | during the disaster or public health emergency and during |
19 | | subsequent response and recovery efforts. |
20 | | (Source: P.A. 98-569, eff. 1-1-14.)".
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