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Illinois Compiled Statutes

725 ILCS 5/103-1 (2026)

Rights on arrest

✓ current as of May 2026
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(725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
    Sec. 103-1. Rights on arrest.
    (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.
    (b) After an arrest without a warrant the person making the arrest shall inform the person arrested of the nature of the offense on which the arrest is based.
    (b-5) This subsection is intended to implement and be interpreted consistently with the Vienna Convention on Consular Relations, to which the United States is a party. Article 36 of that Convention guarantees that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. It does not create any new substantive State right or remedy.
        (1) In accordance with federal law and the provisions
    
of this Section, the law enforcement official in charge of a custodial facility shall ensure that any individual booked and detained at the facility, within 48 hours of booking or detention, shall be advised that if that individual is a foreign national, he or she has a right to communicate with an official from the consulate of his or her country. This subsection (b-5) does not create any affirmative duty to investigate whether an arrestee or detainee is a foreign national.
        (2) If the foreign national requests consular
    
notification or the notification is mandatory by law, the law enforcement official in charge of the custodial facility shall ensure the notice is given to the appropriate officer at the consulate of the foreign national in accordance with the U.S. Department of State Instructions for Consular Notification and Access.
        (3) The law enforcement official in charge of the
    
custodial facility where a foreign national is located shall ensure that the foreign national is allowed to communicate with, correspond with, and be visited by, a consular officer of his or her country.
    (c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.
    (d) "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person.
    (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
    (f) Every peace officer or employee of a police department conducting a strip search shall:
        (1) Obtain the written permission of the police
    
commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.
        (2) Prepare a report of the strip search. The report
    
shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search.
    (g) No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.
    (h) Any peace officer or employee who knowingly or intentionally fails to comply with any provision of this Section, except subsection (b-5) of this Section, is guilty of official misconduct as provided in Section 103-8; provided however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another section of this Code.
    (i) Nothing in this Section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.
    (j) The provisions of subsections (c) through (h) of this Section shall not apply when the person is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 99-190, eff. 1-1-16.)

    
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2001–2024 · leading case: People v. Mitchell, 819 N.E.2d 1252 (Ill. App. Ct. 2004).
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People v. Mitchell, 819 N.E.2d 1252 (Ill. App. Ct. 2004). · cites it 9× “The Code states: "No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled *1255 substance.”
People v. Zayed, 2016 IL App (3d) 140780 (Ill. App. Ct. 2016). “¶¶ 12-16 (discussing section 103-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-1 (West 2008)), which requires, inter alia, a strip search of a person arrested for a traffic, regulatory, or misdemeanor offense to be conducted in an area where it cannot be observed…”
People v. Carter, 957 N.E.2d 576 (Ill. App. Ct. 2011). · cites it 8× “725 ILCS 5/103-1 (West 2008). ¶ 6 The hearing on the motion to suppress took place that same day.”
People v. Jarvis, 2016 IL App (2d) 141231 (Ill. App. Ct. 2016). · cites it 2× “In looking for items named in a search 1 On appeal, defendant does not argue alternatively that the search was invalid under section 103-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-1 (West 2012)). Thus, we do not address the State’s argument that the exception…”
People v. Carter, 2011 IL App (3d) 90238 (Ill. App. Ct. 2011). · cites it 7× “725 ILCS 5/103-1 (West 2008). ¶6 The hearing on the motion to suppress took place that same day.”
Pitts v. Downey (C.D. Ill. 2021). · cites it 2× “In the complaint, Plaintiff asserted that while he was a detainee at the Jerome Combs Detention Center (“JCDC”) in Kankakee, Illinois, various Defendants violated the Eighth and Fourteenth Amendments and Illinois statute 725 ILCS 5/103-1, when they subjected him to a strip…”
People v. Johnson (Ill. App. Ct. 2002). · cites it 3× “Defendant argues the strip search violated section 103-1(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/103-1(c) (West 2000)). We disagree.”
People v. Miller, 2024 IL App (5th) 230609-U (Ill. App. Ct. 2024). “Counsel also moved to quash defendant’s arrest on the basis that the police did not tell him the reason for his arrest in violation of section 103-1(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-1(b) (West 2018)). After a hearing, the court denied both motions.”
People v. Owen Opinion text corrected - August 3, 2001 (Ill. App. Ct. 2001). “If any of a defendant's arrest rights (725 ILCS 5/103-1 (West 2000)) are violated, that defendant has the right to request the court to dismiss the charges against him (725 ILCS 5/114-1 (West 2000)), to quash the arrest (725 ILCS 5/114-12 (West 2000)), or both, and he may assert…”
People v. Calvert (Ill. App. Ct. 2001). “725 ILCS 5/103-1(e), (f) (West 1998)). Defendant has forfeited this argument on appeal by failing to raise it in the trial court or in a posttrial motion.”
725 ILCS 5/103-1(b): 1 case
People v. Miller, 2024 IL App (5th) 230609-U (Ill. App. Ct. 2024). “Counsel also moved to quash defendant’s arrest on the basis that the police did not tell him the reason for his arrest in violation of section 103-1(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-1(b) (West 2018)). After a hearing, the court denied both motions.”
725 ILCS 5/103-1(c): 4 cases
People v. Mitchell, 819 N.E.2d 1252 (Ill. App. Ct. 2004). “The Code states: "No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled *1255 substance.”
People v. Carter, 957 N.E.2d 576 (Ill. App. Ct. 2011). “725 ILCS 5/103-1 (West 2008). ¶ 6 The hearing on the motion to suppress took place that same day.”
People v. Carter, 2011 IL App (3d) 90238 (Ill. App. Ct. 2011). “725 ILCS 5/103-1 (West 2008). ¶6 The hearing on the motion to suppress took place that same day.”
People v. Johnson (Ill. App. Ct. 2002). “Defendant argues the strip search violated section 103-1(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/103-1(c) (West 2000)). We disagree.”
725 ILCS 5/103-1(d): 2 cases
People v. Carter, 957 N.E.2d 576 (Ill. App. Ct. 2011). “725 ILCS 5/103-1 (West 2008). ¶ 6 The hearing on the motion to suppress took place that same day.”
People v. Carter, 2011 IL App (3d) 90238 (Ill. App. Ct. 2011). “725 ILCS 5/103-1 (West 2008). ¶6 The hearing on the motion to suppress took place that same day.”
725 ILCS 5/103-1(e): 3 cases
People v. Carter, 957 N.E.2d 576 (Ill. App. Ct. 2011). “725 ILCS 5/103-1 (West 2008). ¶ 6 The hearing on the motion to suppress took place that same day.”
People v. Carter, 2011 IL App (3d) 90238 (Ill. App. Ct. 2011). “725 ILCS 5/103-1 (West 2008). ¶6 The hearing on the motion to suppress took place that same day.”
People v. Calvert (Ill. App. Ct. 2001). “725 ILCS 5/103-1(e), (f) (West 1998)). Defendant has forfeited this argument on appeal by failing to raise it in the trial court or in a posttrial motion.”
725 ILCS 5/103-1(j): 3 cases
People v. Mitchell, 819 N.E.2d 1252 (Ill. App. Ct. 2004). “The Code states: "No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled *1255 substance.”
People v. Jarvis, 2016 IL App (2d) 141231 (Ill. App. Ct. 2016). “In looking for items named in a search 1 On appeal, defendant does not argue alternatively that the search was invalid under section 103-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-1 (West 2012)). Thus, we do not address the State’s argument that the exception…”
People v. Johnson (Ill. App. Ct. 2002). “Defendant argues the strip search violated section 103-1(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/103-1(c) (West 2000)). We disagree.”
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