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Current as of January 01, 2025 | Updated by Findlaw Staff
§ 10. Court authorization. Except as provided in Section 15, a law enforcement agency shall not obtain location information pertaining to a person or his or her effects without first obtaining a court order under Section 108-4 of the Code of Criminal Procedure of 1963 1 based on probable cause to believe that the person whose location information is sought has committed, is committing, or is about to commit a crime or the effect is evidence of a crime, or if the location information is authorized under an arrest warrant issued under Section 107-9 of the Code of Criminal Procedure of 1963 2 to aid in the apprehension or the arrest of the person named in the arrest warrant. An order issued under a finding of probable cause under this Section must be limited to a period of 60 days, renewable by the judge upon a showing of good cause for subsequent periods of 60 days. A court may grant a law enforcement entity's request to obtain location information under this Section through testimony made by electronic means using a simultaneous video and audio transmission between the requestor and a judge, based on sworn testimony communicated in the transmission. The entity making the request, and the court authorizing the request shall follow the procedure under subsection (c) of Section 108-4 of the Code of Criminal Procedure of 1963 which authorizes the electronic issuance of search warrants.
Cite this article: FindLaw.com - Illinois Statutes Chapter 725. Criminal Procedure § 168/10. Court authorization - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-725-criminal-procedure/il-st-sect-725-168-10/
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