Laws Affecting an Ilinois Search Warrant

An official order by a court which authorizes the police or other law enforcement agencies to search the premises or person of an individual is known as a "search warrant." This process of searching has been formulated as a law under the Fourth Amendment of the US Constitution.

The process for obtaining an Illinois search warrant necessitates the law enforcement officer to file an affidavit requesting the magistrate to issue a warrant against the suspected individual. The warrant is based on reasons for suspicion instead of "prima facie" evidence against the offender. A valid search warrant is required to contain the full name of the suspect as well as the place to be searched together with the goods that need to be seized from the premises.

Search Procedures

An officer is permitted by law to break the door in order to enter the premises if he is refused admittance by the occupant. However, he needs to announce his authority and purpose before proceeding to gain entry by means of force. If the property reported as stolen is found within the premises, the law enforcement officer is required to bring both the offender as well as the seized property before a justice of peace or any other person legally authorized to deal with such an offender. An official report describing the details of the offense as well as the procedure is required to be recorded and dated as well.

Exceptions

However, the police are allowed to make arrests without a valid search warrant in case of emergencies. The emergency situation may arise when the public safety is jeopardized or when the police fear that important evidence might be destroyed unless obtained immediately. Arrests without search warrants can also be carried out if an offender enters any residence in the neighborhood while fleeing from the law or when the police hear sounds associated with violent action coming from a particular house or building. Searching cars does not require the law enforcement authorities to display a search warrant.

Search Warrants as Public Records

All search warrants issued by the courts of Illinois become public records after they are returned to the Circuit Clerk of Courts. They can be accessed by the members of the general public on request. Every ordinary citizen of Illinois has a right to inspect as well as obtain a copy of court documents unless restricted by the court due to security reasons.

Searching for Records Online

The best way to look for search warrants is to contact the Court Clerk’s office of the particular court where the case is pending. A few courts publish information about warrants on their official website. It is a good idea to go through the sheriff’s office records in addition, especially if you are interested in obtaining complete information about the search warrants served by enforcement agencies.

All Cook County records can be searched by going through an electronic database maintained by the Circuit Court Clerk of the county. Search warrants issued for civil as well as pending domestic violence cases can be viewed by accessing the resource online at http://www.cookcountyclerkofcourt.org/ .

There are also a number of Public Terminals available at the courthouse location. You can obtain information about the court cases by accessing these terminals for free. It is also possible to get copies of all court documents by contacting the Clerk of the Circuit Court of Cook County at Richard J. Daley Center, 50 West Washington Street, Room 802, Chicago, IL 60602 in exchange for the requisite fee. You can also contact the Cook County Sheriff’s Office at Room 701 of the same location for relevant information on action taken after issuance of a search warrant.

General information about crime in the state of Illinois can be obtained by addressing  the Illinois State Police, 801 South Seventh Street, P.O. Box 19461, Springfield, IL 62794-9461. Alternatively you can contact the State Police Department by sending an e-mail to askisp@isp.state.il.us.

The circuit court office of the Sangamon County is the busiest administrative court office in the entire state of Illinois. The warrants as well as the pending court cases records of Sangamon County can be obtained by mailing the Circuit Clerk at P.O. Box 1299, Springfield, IL 62705-1299. You can also call up the clerk on the main phone at 217 753-6674. Complete information is also available at www.Sangamoncountycircuitclerk.org .   

The Wills County Sheriff’s official website provides an online search facility for looking up warrant records including a search warrant. You can access the resource at http://www.willcosheriff.org/ . Relevant results are returned by conducting a search by name or city only. You can also call up the sheriff’s office at 815-727-8575 if you know the whereabouts of any wanted criminal hiding from the law. The Wills County Sheriff can be found at his office located at 14 W. Jefferson, Joliet, IL 60432.

All criminal and civil case records are available online for the county of Jackson. You can access records dating back to 1985 including details of warrant records. Since crime prevention and maintenance of law and order form an important part of the sheriff’s responsibilities, all writs, warrants and summons are delivered by the officers attached to the sheriff’s office. It is possible to access the contact information of the office by going to http://www.jacksoncounty-il.gov/. Information can also be obtained by calling (618)684-2177.