Illinois § 10-8

§ 10-8.

Whenever complaint is made in writing, verified by affidavit, to any judge of the circuit court, that complainant has just and reasonable grounds to believe and does believe that alcoholic liquor is manufactured, possessed, kept for sale, used or transported, in violation of this Act, or any mash, still or other property designed for the manufacture of alcoholic liquor is possessed in any premises which are not licensed hereunder, (particularly describing and designating such property in the complaint), the judge may issue a search warrant as hereinafter provided; provided, however, no search warrant shall be necessary for the inspection or search of any premises licensed under this Act, and provided, further, that no search warrant shall be issued for the search of premises in use for residence purposes. The property seized on any such warrant shall not be taken from the officer seizing the same on any order of replevin or other like process. Each complaint shall be substantially in the following form: State of Illinois,) ) ss. County of Cook. ) Complaint for Search Warrant. The complaint and affidavit of .... (name of complainant), of .... (his residence), made before .... (name of officer) one of the .... (official title of officer), in and for the .... (county, city or village, as the case may be), on (insert date), being first duly sworn, upon his oath says: That he has just and reasonable grounds to believe, and does believe that alcoholic liquor is now unlawfully (manufactured, possessed, used, disposed of or kept for sale, or any mash, still or other property designed for the illegal manufacture of alcoholic liquor is possessed therein, as the case may be), to-wit: At and within a certain .... (here describe the house, building, premises, boat, vehicle, receptacle or other place to be searched, with particulars as to the location sufficiently to identify it, stating the name of the person occupying the same, if known), in the .... (city, village or town of) ...., in the county and state set out above; that the following are the reasons for his or her belief, to-wit .... (here insert the facts upon which such belief is based). Wherefore complainant prays that a search warrant may issue according to law. ........................... (Signature of complainant.) Subscribed and Sworn to before me on (insert date). ............................ (Name of officer.) ............................ (Official title of officer.) (Source: P.A. 91-357, eff. 7-29-99.)