Illinois Bar Journal


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Articles on Forfeitures

Illinois Appellate Court overturns forfeiture on Eighth Amendment grounds By Matthew Hector November 2016 LawPulse, Page 12 The Illinois fifth appellate district invalidated seizure by law enforcement of a Harley Davidson trike, basing its ruling on the Eighth Amendment's excessive fines clause.
Civil Asset Forfeitures: A Step-by-Step Guide By Hon Anthony W. Vaupel October 2016 Article, Page 32 You've heard about forfeitures, but have you handled one? Here's a primer on how to prosecute or defend your first forfeiture case.
Trial court overturns vehicle forfeiture statute By Helen W. Gunnarsson January 2010 LawPulse, Page 10 Among other constitutional infirmities, the law does not require a prompt post-seizure judicial review, a DuPage County judge opines.
Challenging Property Seizures Under Illinois Civil Asset Forfeiture Law/Raising an Excessive Fines Clause Challenge By Hon. William James Haddad and James C. Murray, Jr. July 2004 Article, Page 365 Illinois law gives the state broad power to seize drug and crime assets; here's how to mount a challenge.
Legislation authorizes the seizure and forfeiture of cars belonging to individuals who drive on suspended or revoked driver’s licenses P. A. 92-0688 September 2002 Illinois Law Update, Page 454 On July 16, 2002, Gov. George H. Ryan signed into law Senate Bill 1730.
Law permits seizure and disposition of gang property - P.A. 91-876 December 2000 Illinois Law Update, Page 690 Beginning next year, Illinois law enforcement officials will have an additional incentive to identify members of streetgangs.
The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian By Michele M. Jochner February 1999 Article, Page 78 These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.