725 ILCS 5/114-12
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title V - Proceedings Prior To Trial

 (from Ch. 38, par. 114-12)Sec. 114-12. Motion to Suppress Evidence Illegally Seized.(a) A defendant aggrieved by an unlawful search and seizure may move the  court for the return of property and to suppress as evidence anything so  obtained on the ground that:(1) The search and seizure without a warrant was     illegal; or(2) The search and seizure with a warrant was illegal     because the warrant is insufficient on its face; the evidence seized is not that described in the warrant; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed.(b) The motion shall be in writing and state facts showing wherein the  search and seizure were unlawful.  The judge shall receive evidence on any  issue of fact necessary to determine the motion and the burden of proving  that the search and seizure were unlawful shall be on the defendant.  If the  motion is granted the property shall be restored, unless otherwise subject  to lawful detention, and it shall not be admissible in evidence against the  movant at any trial.(1) If a defendant seeks to suppress evidence because     of the conduct of a peace officer in obtaining the evidence, the State may urge that the peace officer's conduct was taken in a reasonable and objective good faith belief that the conduct was proper and that the evidence discovered should not be suppressed if otherwise admissible.  The court shall not suppress evidence which is otherwise admissible in a criminal proceeding if the court determines that the evidence was seized by a peace officer who acted in good faith.(2) "Good faith" means whenever a peace officer     obtains evidence:(i) pursuant to a search or an arrest warrant         obtained from a neutral and detached judge, which warrant is free from obvious defects other than non-deliberate errors in preparation and contains no material misrepresentation by any agent of the State, and the officer reasonably believed the warrant to be valid; or(ii) pursuant to a warrantless search incident to         an arrest for violation of a statute or local ordinance which is later declared unconstitutional or otherwise invalidated.(3) This amendatory Act of 1987 shall not be     construed to limit the enforcement of any appropriate civil remedy or criminal sanction in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure.(4) This amendatory Act of 1987 does not apply to     unlawful electronic eavesdropping or wiretapping.(c) The motion shall be made before trial unless opportunity therefor  did not exist or the defendant was not aware of the grounds for the motion.  If the motion is made during trial, and the court determines that the  motion is not untimely, and the court conducts a hearing on the merits and  enters an order suppressing the evidence, the court shall terminate the  trial with respect to every defendant who was a party to the hearing and  who was within the scope of the order of suppression, without further  proceedings, unless the State files a written notice that there will be no  interlocutory appeal from such order of suppression.  In the event of such  termination, the court shall proceed with the trial of other defendants not  thus affected.  Such termination of trial shall be proper and shall not bar  subsequent prosecution of the identical charges and defendants; however, if  after such termination the State fails to prosecute the interlocutory  appeal until a determination of the merits of the appeal by the reviewing  court, the termination shall be improper within the meaning of subparagraph  (a)(3) of Section 3-4 of the Criminal Code of 2012 and subsequent prosecution of such defendants upon such  charges shall be barred.(d) The motion shall be made only before a court with jurisdiction to  try the offense.(e) The order or judgment granting or denying the motion shall state the  findings of facts and conclusions of law upon which the order or judgment  is based.  (Source: P.A. 97-1150, eff. 1-25-13.)