Illinois Compiled Statutes 720 ILCS 5/29B-6 – Seizure
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(a) Property subject to forfeiture under this Article may be seized by the Director or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property. Seizure by the Director or any peace officer without process may be made:
(1) if the seizure is incident to a seizure warrant;
(2) if the property subject to seizure has been the
(1) if the seizure is incident to a seizure warrant;
Terms Used In Illinois Compiled Statutes 720 ILCS 5/29B-6
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
(2) if the property subject to seizure has been the
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subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding based upon this Article;
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(3) if there is probable cause to believe that the
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property is directly or indirectly dangerous to health or safety;
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(4) if there is probable cause to believe that the
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property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or
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(5) in accordance with the Code of Criminal Procedure
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of 1963.
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(b) In the event of seizure under subsection (a) of this Section, forfeiture proceedings shall be instituted in accordance with this Article.
(c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.
(c) Actual physical seizure of real property subject to forfeiture requires the issuance of a seizure warrant. Nothing in this Article prohibits the constructive seizure of real property through the filing of a complaint for forfeiture in circuit court and the recording of a lis pendens against the real property that is subject to forfeiture without any hearing, warrant application, or judicial approval.