ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/108-2 (2026)

Custody and disposition of things seized

✓ current as of May 2026
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(725 ILCS 5/108-2) (from Ch. 38, par. 108-2)
    Sec. 108-2. Custody and disposition of things seized. An inventory of all instruments, articles or things seized on a search without warrant shall be given to the person arrested and a copy thereof delivered to the judge before whom the person arrested is taken, and thereafter, such instruments, articles or things shall be handled and disposed of in accordance with Sections 108-11 and 108-12 of this Code. If the person arrested is released without a charge being preferred against him all instruments, articles or things seized, other than contraband, shall be returned to him upon release.
(Source: Laws 1963, p. 2836.)

    
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1999–2025 · leading case: Gates v. City of Chicago, 623 F.3d 389 (7th Cir. 2010).
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Gates v. City of Chicago, 623 F.3d 389 (7th Cir. 2010). · cites it 4× “108-2): (725 ILCS 5/108-2) Give this copy to arrestee.”
People v. McCavitt, 2021 IL 125550 (Ill. 2021). · cites it 2× “See 725 ILCS 5/108-2 (West 2012). ¶ 34 Feehan testified at the suppression hearing that, as soon as he discovered the two pornographic images, he stopped to apply for a search warrant.”
People v. McCavitt, 2019 IL App (3d) 170830 (Ill. App. Ct. 2020). “3d 427, 447 (1999) (citing 725 ILCS 5/108-2 (West 1996)); People v. Jackson, 26 Ill.”
People v. Meakens, 2021 IL App (2d) 180991 (Ill. App. Ct. 2021). “See 725 ILCS 5/108-2 (West 2016). -3- 2021 IL App (2d) 180991 [W]hen the State decided to obtain a search warrant it was able to *** obtain a search warrant and conduct a forensic analysis in an impressively expedited fashion, a couple of days.”
People v. Pena, 2017 IL App (2d) 151203 (Ill. App. Ct. 2017). “725 ILCS 5/108-2 (West 2014). All items, other than contraband, must be returned when the person is released without being charged.”
People v. Hampton, 2011 IL App (4th) 100219 (Ill. App. Ct. 2011). · cites it 2× “Section 108-2 of the Code of Criminal Procedure of 1963 (Procedure Code) (725 ILCS 5/108-2 (West 2008)) governs the custody and disposition of property seized.”
People v. Hampton, 959 N.E.2d 1158 (Ill. App. Ct. 2011). · cites it 2× “Section 108-2 of the Code of Criminal Procedure of 1963 (Procedure Code) (725 ILCS 5/108-2 (West 2008)) governs the custody and disposition of property seized.”
People v. Meakens, 2021 IL App (2d) 180991 (Ill. App. Ct. 2021). “See 725 ILCS 5/108-2 (West 2016). -2- its nature, easily replaceable.”
People v. Jaudon (Ill. App. Ct. 1999). · cites it 3× “In response, the defendants contend that the City ordinance governing impoundment is preempted by the circuit court's authority pursuant to sections 108-2 and 108-11 of the Code of Criminal Procedure of 1963 (the Criminal Procedure Code) (725 ILCS 5/108-2, 108-11 (West 1996))…”
People v. Cunningham, 2025 IL App (5th) 230612-U (Ill. App. Ct. 2025). “There was questioning regarding exhibit B, which established that the policy applies only to people under arrest and reflects the requirements of section 108-2 of the Code of Criminal Procedure of 1963 (725 ILCS 5/108-2 (West 2020)). Notably, exhibit B was never introduced into…”
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