Illinois Compiled Statutes 720 ILCS 5/36-1.1 – Seizure
Current as of: 2024 | Check for updates
|
Other versions
(a) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property.
(b) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer without process if there is probable cause to believe that the property is subject to forfeiture under Section 36-1 of this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.
(c) If the seized property is a conveyance, an investigation shall be made by the law enforcement agency as to any person whose right, title, interest, or lien is of record in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded.
(d) After seizure under this Section, notice shall be given to all known interest holders that forfeiture proceedings, including a preliminary review, may be instituted and the proceedings may be instituted under this Article.
(b) Any property subject to forfeiture under this Article may be seized and impounded by the Director of the Illinois State Police or any peace officer without process if there is probable cause to believe that the property is subject to forfeiture under Section 36-1 of this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.
Terms Used In Illinois Compiled Statutes 720 ILCS 5/36-1.1
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) If the seized property is a conveyance, an investigation shall be made by the law enforcement agency as to any person whose right, title, interest, or lien is of record in the office of the agency or official in which title to or interest in the conveyance is required by law to be recorded.
(d) After seizure under this Section, notice shall be given to all known interest holders that forfeiture proceedings, including a preliminary review, may be instituted and the proceedings may be instituted under this Article.