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Criminal Code of 2012, and if the
circumstances make it |
reasonable to dispense, in whole or in part, with a
written |
affidavit, a judge may issue a warrant based upon sworn |
testimony
communicated by telephone or other appropriate |
means, including facsimile
transmission.
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(2) Application. The person who is requesting the |
warrant shall prepare a
document to be known as a duplicate |
original warrant and shall read such
duplicate original |
warrant, verbatim, to the judge. The judge shall enter,
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verbatim, what is so read to the judge on a document to be |
known
as the original warrant. The judge may direct that |
the warrant be modified.
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(3) Issuance. If the judge is satisfied that the
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offense in connection with which the search warrant is |
sought constitutes
terrorism or any related offense as |
defined in Article 29D of the Criminal Code
of 2012, that |
the circumstances are such as to make it reasonable to |
dispense
with a written affidavit, and that grounds for the |
application exist or that
there is probable cause to |
believe that they exist, the judge shall order the
issuance |
of a warrant by directing the person requesting the warrant |
to sign
the judge's name on the duplicate original warrant. |
The judge shall immediately
sign the original warrant and |
enter on the face of the original warrant the
exact time |
when the warrant was ordered to be issued. The finding of |
probable
cause for a warrant upon oral testimony may be |
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based on the same kind of
evidence as is sufficient for a |
warrant upon affidavit.
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(4) Recording and certification of testimony. When a
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caller informs the judge that the purpose of the call is to |
request a warrant,
the judge shall immediately place under |
oath each person whose testimony forms
a basis of the |
application and each person applying for that warrant. If a
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voice recording device is available, the judge shall record |
by means of the
device all of the call after the caller |
informs the judge that the purpose of
the call is to |
request a warrant, otherwise a stenographic or longhand |
verbatim
record shall be made. If a voice recording device |
is used or a stenographic
record made, the judge shall have |
the record transcribed, shall certify the
accuracy of the |
transcription, and shall file a copy of the original record |
and
the transcription with the court. If a longhand |
verbatim record is made, the
judge shall file a signed copy |
with the court.
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(5) Contents. The contents of a warrant upon oral
|
testimony shall be the same as the contents of a warrant |
upon affidavit.
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(6) Additional rule for execution. The person who
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executes the warrant shall enter the exact time of |
execution on the face of the
duplicate original warrant.
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(7) Motion to suppress based on failure to obtain a |
written affidavit.
Evidence obtained pursuant to a warrant |
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issued under this subsection (b) is not
subject to a motion |
to suppress on the ground that the circumstances were not
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such as to make it reasonable to dispense with a written |
affidavit, absent a
finding of bad faith. All other grounds |
to move to suppress are preserved.
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(8) This subsection (b) is inoperative on and after |
January 1, 2005.
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(9) No evidence obtained pursuant to this subsection |
(b) shall be
inadmissible in a court of law by virtue of |
subdivision (8).
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(Source: P.A. 97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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