Sec. 15. Exceptions.

347 words·~2 min read·/il/chapter-5/act-855/15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 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.