07-31-2025, 08:01 PM
A judge cannot order a consent, consent must be given by the owner, and he must sign a document stating he gives consent. There is no document stating I gave consent. The state isn't claiming I gave consent, the state's argument is that warrant was never quashed.
BTW The warrant was issued on March 21st, 2018. Under Illinois law it has be executed within 96 hours. that means they have to search the computers and seize the material within the computers within the 96-hour window. they didn't. They didn't search devices until April 23, 2018, long after the 96-hour window. Therefore, it's unconstitutional.
Illinois law (725 ILCS 5/108-6)
(725 ILCS 5/108-6) (from Ch. 38, par. 108-6)
Sec. 108-6. Execution of search warrants.
The warrant shall be executed within 96 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or things are seized or if no person is available the copy shall be left at the place from which the instruments, articles or things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the judge issuing the same as "not executed".
(Source: Laws 1963, p. 2836.)
The problem is in this case YOU JUST CAN'T SEIZE THE COMPUTERS AND EVERYTHING IN THEM.
BTW The warrant was issued on March 21st, 2018. Under Illinois law it has be executed within 96 hours. that means they have to search the computers and seize the material within the computers within the 96-hour window. they didn't. They didn't search devices until April 23, 2018, long after the 96-hour window. Therefore, it's unconstitutional.
Illinois law (725 ILCS 5/108-6)
(725 ILCS 5/108-6) (from Ch. 38, par. 108-6)
Sec. 108-6. Execution of search warrants.
The warrant shall be executed within 96 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or things are seized or if no person is available the copy shall be left at the place from which the instruments, articles or things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the judge issuing the same as "not executed".
(Source: Laws 1963, p. 2836.)
The problem is in this case YOU JUST CAN'T SEIZE THE COMPUTERS AND EVERYTHING IN THEM.