Article 27 - Crimes and Punishments

551.

(a) Whenever it be made to appear to any judge of any of the circuit courts in
the counties of this State, or to any judge of the District Court, by written application
signed and sworn to by the applicant, accompanied by an affidavit or affidavits
containing facts within the personal knowledge of the affiant or affiants, that there is
probable cause, the basis of which shall be set forth in said affidavit or affidavits, to
believe that any misdemeanor or felony is being committed by any individual or in
any building, apartment, premises, place or thing within the territorial jurisdiction of
such judge, or that any property subject to seizure under the criminal laws of the
State is situated or located on the person of any such individual or in or on any such
building, apartment, premises, place or thing, then the judge may forthwith issue a
search warrant directed to any duly constituted policeman, or police officer
authorizing him to search such suspected individual, building, apartment, premises,
place or thing, and to seize any property found liable to seizure under the criminal
laws of this State, provided that any such search warrant shall name or describe, with
reasonable particularity, the individual, building, apartment, premises, place or thing
to be searched, the grounds for such search and the name of the applicant on whose
written application as aforesaid the warrant was issued, and provided further that
any search or seizure under the authority of such search warrant, shall be made
within 15 calendar days from the date of the issuance thereof and after the expiration
of the 15-day period said warrant shall be null and void. If, at any time, on
application to a judge of the circuit court of any county or judge of the District Court,
it appears that the property taken is not the same as that described in the warrant or
that there is no probable cause for believing the existence of the grounds on which the
warrant was issued, or that the property was taken under a warrant issued more
than 15 calendar days prior to the seizure, said judge must cause it to be restored to
the person from whom it was taken. In the discretion of the judge, an oral motion
made in open court may be received at any time making application for the return of
seized property if the application for return is based on the grounds that' the property
taken is not the same as that described in the warrant, or that there is no probable
cause for believing the existence of the grounds on which the warrant was issued, or
that the property was taken under a warrant issued more than 15 calendar days prior
to the seizure. If the judge grants the oral motion, the order of the court shall be in
writing and a copy of the order shall be sent to the State's Attorney. If the judge
rejects the proffer on an oral motion and requires the person from whom the property
was taken to proceed for return of the seized property by petition and an order to
show cause to the police authority seizing the property and it is subsequently ordered
that the property be restored to the person from whom it was taken, court costs shall
not be assessed against the petitioner. However, if it appears that the property taken
is the same as that described in the warrant and that there is probable cause for
believing the existence of the grounds on which the warrant was issued, then said
judge shall order the same retained in the custody of the person seizing it or to be
otherwise disposed of according to law.

(b) If the criminal case in which property of a person was seized pursuant to a
search warrant issued under subsection (a) of this section is disposed of because of (i)