Illinois § 108-8 Use of force in execution of search warrant

Illinois Statutes

§ 108-8 — Use of force in execution of search warrant

Illinois·Topic RIGHTS AND REMEDIES·Ch. 725 CRIMINAL PROCEDURE·Act 725 ILCS 5/ Code of Criminal Procedure of 1963.·Art. Title II - Apprehension And Investigation

(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 warrant; or (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 des

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(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 warrant; or (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.

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