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Illinois Certification Of Arresting Officer Regarding Probable Cause For Detention Of Person Arrested Without Warrant

State:
Illinois
Control #:
IL-58
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Certification Of arresting Officer Regarding Probable Cause For Detention Of Person arrested Without Warrant

Illinois Certification Of arresting Officer Regarding Probable Cause For Detention Of Person arrested Without Warrant is a form that an arresting officer in the state of Illinois must fill out in order to legally detain a person who has been arrested without a warrant. This form is used to certify that the arresting officer had probable cause to believe that the person was committing a crime at the time of the arrest. The form requires the arresting officer to list the facts and circumstances that provided probable cause for the arrest as well as any other relevant information. There are two types of Illinois Certification Of arresting Officer Regarding Probable Cause For Detention Of Person arrested Without Warrant: a Standard Certificate and an Emergency Certificate. The Standard Certificate is used when the arresting officer has had time to consider the facts and circumstances that constitute probable cause, while the Emergency Certificate is used in emergency situations when the arresting officer must act quickly.

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FAQ

Probable cause is a legal standard that requires law enforcement to have reasonable grounds to suspect someone has committed a crime. It is essential for obtaining warrants and making arrests without a warrant. Understanding the Illinois Certification Of Arresting Officer Regarding Probable Cause For Detention Of Person Arrested Without Warrant can help illustrate how probable cause functions within the Illinois legal system and protect your rights.

Warrant: 725 ILCS 5/107-1: a warrant of arrest is a written order from a court directed to a peace officer, or to some other person specifically named, commanding him to arrest a person.

Pursuant to 725 ILCS 5/108-1.01, an officer may frisk an individual for weapons if the officer has stopped a person for temporary questioning and reasonably suspects that he/she or another is in danger of attack.

Imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed.

Citizen's arrest The law permits a citizen to detain or place under arrest another person when that citizen has probable cause to believe that a criminal offense other than an ordinance violation is being committed.

There is no exact limit on the amount of time an adult can be held in police custody before being charged. A judge will look at many different factors to see if someone has been held too long, including: How long you have been held. If and how many times your Miranda rights have been read to you.

Section 720 ILCS 5/12-6 - Intimidation (a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means , a threat to perform without lawful authority any of the following acts: (1) Inflict

725 ILCS 220/ Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings.

In summary, the length of time you can be held in custody after an arrest in Illinois is 48 hours. In the 48 hours, the police are looking for as much evidence as possible to charge you.

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Illinois Certification Of Arresting Officer Regarding Probable Cause For Detention Of Person Arrested Without Warrant