Current through Public Act 103-1052
Section 725 ILCS 5/108-8 - 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 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.Amended by P.A. 102-0028,§ 55, eff. 6/25/2021.Amended by P.A. 101-0652,§ 10-256, eff. 7/1/2021. P.A. 90-456, eff. 1/1/1998; reenacted 92-502, eff. 12/19/2001.