Sec. 108B-8. Emergency use of eavesdropping device.

378 words·~2 min read·/il/chapter-725/act-5/108b-8

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

(a)Whenever, upon informal application by the State's Attorney, a chief judge of competent jurisdiction determines that:

(1)there may be grounds upon which an order could be issued under this Article;

(2)there is probable cause to believe that an emergency situation exists with respect

to the investigation of an offense enumerated in Section 108B-3; and

(3)there is probable cause to believe that a substantial danger to life or limb exists

justifying the authorization for immediate interception of a private communication before formal application for an order could with due diligence be submitted to him and acted upon; the chief judge may grant oral approval for an interception, without an order, conditioned upon the filing with him, within 48 hours, of an application for an order under Section 108B-4 which shall also recite the oral approval under this Section and be retroactive to the time of the oral approval.

(b)Interception under oral approval under this Section shall immediately terminate when the communication sought is obtained or when the application for an order is denied, whichever is earlier.

(c)In the event no formal application for an order is subsequently made under this Section, the content of any private communication intercepted under oral approval under this Section shall be treated as having been obtained in violation of this Article.

(d)In the event no application for an order is made under this Section or an application made under this Section is subsequently denied, the judge shall cause an inventory to be served under Section 108B-11 of this Article and shall require the tape or other recording of the intercepted communication to be delivered to, and sealed by, the judge. The evidence shall be retained by the court, and it shall not be used or disclosed in any legal proceeding, except a civil action brought by an aggrieved person under Section 14-6 of the Criminal Code of 1961 or the Criminal Code of 2012, or as otherwise authorized by the order of a court of competent jurisdiction. In addition to other remedies or penalties provided by law, failure to deliver any tape or other recording to the chief judge shall be punishable as contempt by the judge directing the delivery.