ILCS » Chapter 725 · Act 168
Illinois Compiled Statutes

725 ILCS 168/10 (2026)

Court authorization

✓ current as of May 2026
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(725 ILCS 168/10)
    Sec. 10. Court authorization. Except as provided in Section 15, a law enforcement agency shall not obtain location information pertaining to a person or his or her effects without first obtaining a court order under Section 108-4 of the Code of Criminal Procedure of 1963 based on probable cause to believe that the person whose location information is sought has committed, is committing, or is about to commit a crime or the effect is evidence of a crime, or if the location information is authorized under an arrest warrant issued under Section 107-9 of the Code of Criminal Procedure of 1963 to aid in the apprehension or the arrest of the person named in the arrest warrant. An order issued under a finding of probable cause under this Section must be limited to a period of 60 days, renewable by the judge upon a showing of good cause for subsequent periods of 60 days. A court may grant a law enforcement entity's request to obtain location information under this Section through testimony made by electronic means using a simultaneous video and audio transmission between the requestor and a judge, based on sworn testimony communicated in the transmission. The entity making the request, and the court authorizing the request shall follow the procedure under subsection (c) of Section 108-4 of the Code of Criminal Procedure of 1963 which authorizes the electronic issuance of search warrants.
(Source: P.A. 101-460, eff. 8-23-19.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2025 · leading case: People v. Randle, 2020 IL App (2d) 190702-U (Ill. App. Ct. 2020).
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People v. Randle, 2020 IL App (2d) 190702-U (Ill. App. Ct. 2020). “Under section 10 of the Freedom from Location Surveillance Act (Act) (725 ILCS 168/10 (West 2016)), "a law enforcement agency shall not obtain current or future location information per1aining to a person or his or her effects without first obtaining a court order *** based on…”
United States v. Brown (N.D. Ill. 2025). “Brown contends that law enforcement violated the Illinois Freedom from Location Surveillance Act, 725 ILCS 168/10, by obtaining location information for the -9123 phone.”
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