Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
§ 15. Exceptions. This Act does not prohibit a law enforcement agency from obtaining household electronic data:
(1) If a law enforcement agency first obtains a warrant under Section 108-4 of the Code of Criminal Procedure of 1963.
(2) To respond to a call for emergency services concerning the user or possessor of a household electronic device.
(3) In an emergency situation:
(A) involving a clear and present danger of imminent death or great bodily harm to a person or persons resulting from a kidnapping, abduction, or the holding of a hostage by force or the threat of the imminent use of force;
(B) where there was no previous notice of the emergency to the investigative or law enforcement officer sufficient to obtain prior judicial approval and the officer reasonably believes that an order permitting the obtaining of household electronic data would issue were there prior judicial review;
(C) the household electronic data is necessary and the only potential data available to prevent imminent death or great bodily harm to a person or persons; and
(D) the data must and can be accessed before a warrant could be issued to prevent imminent death or great bodily harm to a person or persons.
(4) With the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel.
(5) In all emergency cases arising under paragraph (2) or (3), an application for a search warrant approving the previous obtaining of household electronic data must be made within 72 hours of its commencement. In order to approve obtaining household electronic data, the judge must make a determination:
(A) that he or she would have granted a search warrant had the information been before the court prior to the obtaining of the household electronic data; and
(B) there was an emergency situation as defined in subparagraph (C) of paragraph (3).
If an application for approval under this paragraph is denied, the household electronic data obtained under this exception shall be inadmissible in accordance with Section 30.
Cite this article: FindLaw.com - Illinois Statutes Chapter 5. General Provisions § 855/15. Exceptions - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-5-general-provisions/il-st-sect-5-855-15/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)