Final answer:
To obtain a search warrant for a non-consensual blood test in Illinois, police must show probable cause that a crime has been committed, such as DUI, particularly if a driver refuses to submit to a chemical test. If the search is conducted illegally without a warrant, the exclusionary rule may prevent the use of gathered evidence in trial.
Step-by-step explanation:
The criteria for obtaining a search warrant for a non-consensual blood, breath, or urine test in Illinois includes the situation where a driver is refusing to submit to or has failed a chemical test. The police must demonstrate to a judge that there is probable cause to believe a crime has been committed to obtain a warrant. This is part of ensuring that the search or seizure is constitutional and does not violate the Fourth Amendment, which protects against unreasonable searches and seizures.
In cases where an individual has refused a blood draw, the police may argue that the refusal itself contributes to probable cause, especially in situations where driving under the influence is suspected. The fact that law enforcement officers are often successful in obtaining warrants does not negate the necessity for them to show probable cause. If the police were to carry out a non-consensual search without a warrant and without meeting any established exceptions, evidence obtained from such an illegal search could be excluded in a trial under the exclusionary rule, as established in Mapp v. Ohio.