Ill. Admin. Code tit. 95 § 400.655

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.655 - Seizures

a) General Rule. Evidence obtained from seizures conducted in accordance with this Section is admissible at trial if the evidence was not obtained as a result of an unlawful search and if the evidence is relevant and not otherwise inadmissible under this Section.

b) Seizure of Property. Probable cause to seize property or evidence exists when there is a reasonable belief that the property or evidence is an unlawful weapon, contraband or evidence of crime, or might be used to resist apprehension or to escape.

c) Apprehension. Apprehension is governed by Code Section 7.

d) Seizure of Property or Evidence

1) Abandoned Property. Abandoned property may be seized without probable cause and without a search warrant or search authorization. The seizure may be made by any person.

2) Consent. Property or evidence may be seized with consent consistent with the requirements applicable to consensual searches under Section 400.650(a).

3) Government Property. Government property may be seized without probable cause and without a search warrant or search authorization by any person listed in subsection (e), unless the person to whom the property is issued or assigned has a reasonable expectation of privacy, as provided in Section 400.650(a)(4), at the time of the seizure.

4) Other Property. Property or evidence not included in subsections (d)(1) through (3) may be seized for use in evidence by any person listed in subsection (e) if:

A) Authorization. The person is authorized to seize the property or evidence by a search warrant or a search authorization under Section 400.650(b);

B) Exigent Circumstances. The person has probable cause to seize the property or evidence and, under Section 400.650(b)(7), a search warrant or search authorization is not required; or

C) Plain View. The person, while in the course of otherwise lawful activity, observes in a reasonable fashion property or evidence that the person has probable cause to seize.

5) Temporary Detention. Nothing in this Section shall prohibit temporary detention of property on less than probable cause when authorized under the U.S. Constitution.

e) Power to Seize. Any commissioned officer, warrant officer, petty officer, noncommissioned officer, and, when in the execution of guard or police duties, any criminal investigator, member of the Air Force security police, military police or shore patrol, or individual designated by proper authority to perform guard or police duties, or any agent of any such person, may seize property pursuant to this Section.

f) Other Seizures. A seizure of a type not otherwise included in this Section may be made when permissible under the U.S. and Illinois Constitutions, as applied to members of the armed forces. (Il. Mil. R. Evid. 316)

Ill. Admin. Code tit. 95, § 400.655

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.