ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/107-2 (2026)

Arrest by peace officer

✓ current as of May 2026
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(725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
    Sec. 107-2. Arrest by peace officer.
    (1) A peace officer may arrest a person when:
        (a) He has a warrant commanding that such person be
    
arrested; or
        (b) He has reasonable grounds to believe that a
    
warrant for the person's arrest has been issued in this State or in another jurisdiction; or
        (c) He has reasonable grounds to believe that the
    
person is committing or has committed an offense.
    (2) Whenever a peace officer arrests a person, the officer shall question the arrestee as to whether he or she has any children under the age of 18 living with him or her who may be neglected as a result of the arrest or otherwise. The peace officer shall assist the arrestee in the placement of the children with a relative or other responsible person designated by the arrestee. If the peace officer has reasonable cause to believe that a child may be a neglected child as defined in the Abused and Neglected Child Reporting Act, he shall report it immediately to the Department of Children and Family Services as provided in that Act.
    (3) A peace officer who executes a warrant of arrest in good faith beyond the geographical limitation of the warrant shall not be liable for false arrest.
    (4) Whenever a peace officer is aware of a warrant of arrest issued by a circuit court of this State for a person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, or an alleged violation of parole or mandatory supervised release, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. The prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. As used in this subsection (4), "sexual assault" means an act of sexual conduct or sexual penetration defined in Section 11-0.1 of the Criminal Code of 2012, including without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
    (4.5) Whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in subsection (4), and the peace officer has contact with the person because the person reported that he or she was sexually assaulted within the past 7 days, in addition to informing the person of his or her right to seek free medical attention and evidence collection and providing the written notice required by Section 25 of the Sexual Assault Incident Procedure Act, the officer shall also notify the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall inform the prosecuting authority to request waiver of the prompt execution of the warrant.
(Source: P.A. 101-39, eff. 6-1-20.)

    
Notes of Decisions
Cited in 54 cases (7 in the last 5 years), 1995–2024 · leading case: People v. Clark, 2024 IL 127838 (Ill. 2024).
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People v. Clark, 2024 IL 127838 (Ill. 2024). · cites it 2× “Section 107-2(1) of the Code of Criminal Procedure of 1963 (725 ILCS 5/107-2(1) (West 2012)) provides as follows: “A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) He has reasonable grounds to believe that a warrant…”
State v. Carter, 2010 WI 77 (Wis. 2010). · cites it 2× “" 725 ILCS 5/107-2(c). Chicago police had reasonable grounds to arrest Carter for robbery based on his identification by two people in a photo lineup seven days after the crime.”
People v. Lee, 828 N.E.2d 237 (Ill. 2005). “" 725 ILCS 5/107-2(1)(c) (West 2000). The statutory phrase "reasonable grounds" has the same substantive meaning as "probable cause.”
People v. Braswell, 2019 IL App (1st) 172810 (Ill. App. Ct. 2020). “) 725 ILCS 5/107-2(1)(a), (c) (West 2014). Thus, a police officer may arrest an individual without a warrant where the officer reasonably believes that the person is committing or has committed an offense.”
People v. Cox, 782 N.E.2d 275 (Ill. 2002). “See 725 ILCS 5/107-2(1)(c) (West 2000) (police officer may arrest someone when "[h]e has reasonable grounds to believe that the person is committing or has committed an offense"); 625 ILCS 5/16-102 (West 2000) ("The State Police shall patrol the public highways and make arrests…”
Albert Woods v. City of Chicago, Officer Makowski, Chicago Police Officer 16971, Officer Alanis, Chicago Police Officer 5001, 234 F.3d 979 (7th Cir. 2000). “Woods’ warrantless misdemeanor arrest was authorized by Illinois law, see 725 ILCS 5/107-2 (1998), so in order to survive summary judgment, Woods needed to raise a genuine issue regarding whether the officers had probable cause to arrest him.”
People v. Smith, 2022 IL App (1st) 190691 (Ill. App. Ct. 2022). “See 725 ILCS 5/107-2(1)(c) (West 2020) (a peace officer may arrest a person when “[h]e has reasonable grounds to believe that the person is committing or has committed an offense”).”
People v. Buss, 718 N.E.2d 1 (Ill. 1999). “2d 413 ; see also 725 ILCS 5/107-2(1)(c) (West 1994). Among the factors relevant to establishing probable cause are (1) the proximity of the defendant's residence to the scene of the crime ( People v.”
People v. Hyland, 2012 IL App (1st) 110966 (Ill. App. Ct. 2012). “Although proponents of the investigative alert practice argue it is acceptable to detain persons of interest, I find the practice to be an impermissible warrantless arrest of a suspect. ¶ 41 Arrest pursuant to warrant is the preferred constitutional (U.”
People v. Fitzpatrick, 2013 IL 113449 (Ill. 2013). “” 725 ILCS 5/107-2(1)(c) (West 2010). And section 102-15 of the same code explains that “ ‘[o]ffense’ means a violation of any penal statute of this State.”
People v. Butler, 2021 IL App (1st) 171400 (Ill. App. Ct. 2021). “” 725 ILCS 5/107-2(1)(c) (West 2018). “The statutory phrase ‘reasonable grounds’ has the same substantive meaning as ‘probable cause.”
People v. Montes, 2020 IL App (2d) 180565 (Ill. App. Ct. 2020). “See Grant, 2013 IL 112734, ¶ 11 ; see also 725 ILCS 5/107-2(1)(c) (West 2014). Defendant also notes that the probable cause inquiry is based on an objective analysis, as opposed to the subjective beliefs of the officer (see People v.”
Show all 54 citing cases →
— 725 ILCS 5/107-2(1) — 1 case
People v. Clark, 2024 IL 127838 (Ill. 2024). “Section 107-2(1) of the Code of Criminal Procedure of 1963 (725 ILCS 5/107-2(1) (West 2012)) provides as follows: “A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) He has reasonable grounds to believe that a warrant…”
— 725 ILCS 5/107-2(1)(a) — 2 cases
People v. Braswell, 2019 IL App (1st) 172810 (Ill. App. Ct. 2020). “) 725 ILCS 5/107-2(1)(a), (c) (West 2014). Thus, a police officer may arrest an individual without a warrant where the officer reasonably believes that the person is committing or has committed an offense.”
People v. Brown, 2023 IL App (5th) 220009-U (Ill. App. Ct. 2023).
— 725 ILCS 5/107-2(1)(c) — 36 cases
People v. Lee, 828 N.E.2d 237 (Ill. 2005). “" 725 ILCS 5/107-2(1)(c) (West 2000). The statutory phrase "reasonable grounds" has the same substantive meaning as "probable cause.”
People v. Cox, 782 N.E.2d 275 (Ill. 2002). “See 725 ILCS 5/107-2(1)(c) (West 2000) (police officer may arrest someone when "[h]e has reasonable grounds to believe that the person is committing or has committed an offense"); 625 ILCS 5/16-102 (West 2000) ("The State Police shall patrol the public highways and make arrests…”
People v. Smith, 2022 IL App (1st) 190691 (Ill. App. Ct. 2022). “See 725 ILCS 5/107-2(1)(c) (West 2020) (a peace officer may arrest a person when “[h]e has reasonable grounds to believe that the person is committing or has committed an offense”).”
People v. Buss, 718 N.E.2d 1 (Ill. 1999). “2d 413 ; see also 725 ILCS 5/107-2(1)(c) (West 1994). Among the factors relevant to establishing probable cause are (1) the proximity of the defendant's residence to the scene of the crime ( People v.”
People v. Fitzpatrick, 2013 IL 113449 (Ill. 2013). “” 725 ILCS 5/107-2(1)(c) (West 2010). And section 102-15 of the same code explains that “ ‘[o]ffense’ means a violation of any penal statute of this State.”
— 725 ILCS 5/107-2(c) — 8 cases
State v. Carter, 2010 WI 77 (Wis. 2010). “" 725 ILCS 5/107-2(c). Chicago police had reasonable grounds to arrest Carter for robbery based on his identification by two people in a photo lineup seven days after the crime.”
People v. Hyland, 2012 IL App (1st) 110966 (Ill. App. Ct. 2012). “Although proponents of the investigative alert practice argue it is acceptable to detain persons of interest, I find the practice to be an impermissible warrantless arrest of a suspect. ¶ 41 Arrest pursuant to warrant is the preferred constitutional (U.”
United States v. Wayne B. Mitchell, 82 F.3d 146 (7th Cir. 1996).
Grainger v. Harrah's Casino, 2014 IL App (3d) 130029 (Ill. App. Ct. 2014).
Lewis v. Illinois (S.D. Ill. 2022).
— 725 ILCS 5/107-2(l)(c) — 3 cases
Nielsen v. Vill. of Lake in the Hills, 948 F. Supp. 786 (N.D. Ill. 1996).
Robinson v. Gerritson, 210 F. Supp. 2d 1004 (N.D. Ill. 2002).
State v. Williams, 409 S.W.3d 428 (Mo. Ct. App. 2013).
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