ILCS » Chapter 725 · Act 150
Illinois Compiled Statutes

725 ILCS 150/3.1 (2026)

Seizure

✓ current as of May 2026
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(725 ILCS 150/3.1)
    Sec. 3.1. Seizure.
    (a) Actual physical seizure of real property subject to forfeiture under this Act requires the issuance of a seizure warrant. Nothing in this Section 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 without a hearing, warrant application, or judicial approval.
    (b) Personal property subject to forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act may be seized 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.
    (c) Personal property subject to forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act may be seized by the Director of the Illinois State Police or any peace officer without process:
        (1) if the seizure is incident to inspection under an
    
administrative inspection warrant;
        (2) if the property subject to seizure has been the
    
subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding based upon this Act;
        (3) if there is probable cause to believe that the
    
property is directly or indirectly dangerous to health or safety;
        (4) if there is probable cause to believe that the
    
property is subject to forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act, and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable; or
        (5) under the Code of Criminal Procedure of 1963.
    (d) If a conveyance is seized under this Act, 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.
    (e) 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 Act. Upon a showing of good cause related to an ongoing investigation, the notice required for a preliminary review under this Section may be postponed.
(Source: P.A. 102-538, eff. 8-20-21.)

    
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2025 · leading case: People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025).
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People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). · cites it 2× “1(c)(4) of the Forfeiture Act (725 ILCS 150/3.1(c)(4) (West 2020)) states: “(c) Personal property subject to forfeiture under [any of the relevant acts] may be seized by *** any peace officer without process: *** (4) if there is probable cause to believe that the property is…”
People v. $5786 United States Currency, 2024 IL App (2d) 230107-U (Ill. App. Ct. 2024). “1(c)(4) of the Forfeiture Act (725 ILCS 150/3.1(c)(4) (West 2018)) states: “(C) Personal property subject to forfeiture under [any of the relevant acts] may be seized by *** any peace officer without process: *** (4) if there is probable cause to believe that the property is…”
Richardson v. Johnson (N.D. Ill. 2020). “As discussed above, the authorities here had ample probable cause to seize the vehicle pursuant to 725 ILCS 150/3.1 and lawfully inventory it.”
725 ILCS 150/3.1(c)(4): 2 cases
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “1(c)(4) of the Forfeiture Act (725 ILCS 150/3.1(c)(4) (West 2020)) states: “(c) Personal property subject to forfeiture under [any of the relevant acts] may be seized by *** any peace officer without process: *** (4) if there is probable cause to believe that the property is…”
People v. $5786 United States Currency, 2024 IL App (2d) 230107-U (Ill. App. Ct. 2024). “1(c)(4) of the Forfeiture Act (725 ILCS 150/3.1(c)(4) (West 2018)) states: “(C) Personal property subject to forfeiture under [any of the relevant acts] may be seized by *** any peace officer without process: *** (4) if there is probable cause to believe that the property is…”
725 ILCS 150/3.1(e): 1 case
People v. One Black 2016 Jeep Wrangler Unlimited, 2025 IL App (2d) 240314 (Ill. App. Ct. 2025). “1(c)(4) of the Forfeiture Act (725 ILCS 150/3.1(c)(4) (West 2020)) states: “(c) Personal property subject to forfeiture under [any of the relevant acts] may be seized by *** any peace officer without process: *** (4) if there is probable cause to believe that the property is…”
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