People v. One 1998 GMC

Illinois Supreme Court
Criminal Court
Forfeiture
Citation
Case Number: 
2011 IL 110236
Decision Date: 
Friday, December 30, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Circuit court reversed.
Justice: 
THOMAS
Vehicle-forfeiture provisions of Criminal Code of 1961 are not facially unconstitutional, as they comport with due process, do not allow for unreasonable delay, and there is no constitutional requirement for additional procedures such as probable cause hearing. Return of vehicle is not required if one owner of vehicle demonstrates his innocence. Only one owner of vehicle need give consent to use of vehicle in commission of crime for vehicle to be subject to forfeiture. (KILBRIDE, GARMAN, and THEIS, concurring; KARMEIER, specially concurring; FREEMAN and BURKE, dissenting.)