Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(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 may authorize the officer executing the
warrant to make entry without first knocking and announcing his or her office
if it finds, based upon a showing of specific facts, the existence of the
following exigent circumstances:
(1) That the officer reasonably believes that if |
| notice were given a weapon would be used:
|
|
(i) against the officer executing the search
|
|
(ii) against another person.
(2) That if notice were given there is an imminent
|
| "danger" that evidence will be destroyed.
|
|
(c) Prior to the issuing of a warrant under subsection (b), the officer must attest that:
(1) prior to entering the location described in the
|
| search warrant, a supervising officer will ensure that each participating member is assigned a body worn camera and is following policies and procedures in accordance with Section 10-20 of the Law Enforcement Officer-Worn Body Camera Act; provided that the law enforcement agency has implemented body worn camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act. If a law enforcement agency or each participating member of a multi-jurisdictional team has not implemented a body camera in accordance with Section 10-15 of the Law Enforcement Officer-Worn Body Camera Act, the officer must attest that the interaction authorized by the warrant is otherwise recorded;
|
|
(2) The supervising officer verified the subject
|
| address listed on the warrant for accuracy and planned for children or other vulnerable people on-site; and
|
|
(3) if an officer becomes aware the search warrant
|
| was executed at an address, unit, or apartment different from the location listed on the search warrant, that member will immediately notify a supervisor who will ensure an internal investigation or formal inquiry ensues.
|
|
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
|
