ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/36-1.1 (2026)

Seizure

✓ current as of May 2026
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(720 ILCS 5/36-1.1)
    Sec. 36-1.1. Seizure.
    (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.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: People v. 2016 Chrysler 200 Black VIN1C3CCAB9GN110925, 2023 IL App (3d) 210583-U (Ill. App. Ct. 2023).
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People v. 2016 Chrysler 200 Black VIN1C3CCAB9GN110925, 2023 IL App (3d) 210583-U (Ill. App. Ct. 2023). “720 ILCS 5/36-1.1 (West 2020); People v. One 2014 GMC Sierra, 2018 IL App (3d) 170029 , ¶ 28.”
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