Illinois Bar Journal

Articles on Forfeitures

Seizing the Opportunity

By Pete Sherman
April
2019
LawPulse
Page 10
The U.S. Supreme Court's ruling against Indiana in an Eighth Amendment-forfeiture case might also challenge Illinois caselaw.

High court approves civil forfeiture of nondriving owner’s motorcycle

By Matthew Hector
April
2018
LawPulse
Page 10
The Illinois Supreme Court overturned the appellate court and upheld the seizure of a wife's motorcycle in connection with her husband's DUI, finding she was not an "innocent owner."

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 & 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.

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