The People of the State of Illinois v. ONE 1998 GMC et al.

355 Ill. Dec. 900 (Ill. 2011) · Supreme Court of Illinois · December 30, 2011 · No. No. 110236

Summary

The Illinois Supreme Court considered whether Illinois vehicle-forfeiture provisions were facially unconstitutional because they did not require a prompt, postseizure probable-cause hearing. The court held that the forfeiture proceeding itself provided all process due and rejected the constitutional challenge.

Holdings

  1. A section 2-619(a)(9) motion was a proper vehicle to present the constitutional challenge because, if the statutory omission violated due process, the statute would be void and incapable of supporting the State's forfeiture claims.
  2. The vehicle-forfeiture provisions were not facially unconstitutional merely because they did not require a prompt postseizure probable-cause hearing.
  3. The claimants were not denied due process because the forfeiture proceedings were initiated promptly, and the delays were largely attributable to claimants' continuances and motions rather than government inaction.
  4. The Constitution does not require an innocent-owner defense in vehicle-forfeiture proceedings merely because a co-owner may be culpable.

Questions Presented

  1. Whether a section 2-619(a)(9) motion was a proper procedural vehicle for challenging the constitutionality of the vehicle-forfeiture statute.
  2. Whether the vehicle-forfeiture provisions of the Illinois Criminal Code were facially unconstitutional under procedural due process because they did not require a prompt postseizure probable-cause hearing.
  3. Whether the particular forfeiture proceedings denied claimants due process under the Barker factors.
  4. Whether the circuit court's dismissal of the forfeiture complaints with prejudice was proper.

Disposition

reversed_and_remanded

Cases Cited (30)

  • Mathews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893, 47 L. Ed. 2d 18 (1976)(considered)
  • United States v. James Daniel Good Real Property, 510 U.S. 43, 114 S. Ct. 492, 126 L. Ed. 2d 490 (1993)(distinguished)
  • Krimstock v. Kelly, 306 F.3d 40 (2d Cir. 2002)(distinguished)
  • United States v. Eight Thousand Eight Hundred & Fifty Dollars ($8,850) in United States Currency, 461 U.S. 555, 103 S. Ct. 2005, 76 L. Ed. 2d 143 (1983)(followed)
  • United States v. Von Neumann, 474 U.S. 242, 106 S. Ct. 610, 88 L. Ed. 2d 587 (1986)(followed)
  • Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972)(followed)
  • People v. 1998 Ford Explorer, 399 Ill. App. 3d 99, 339 Ill. Dec. 524, 926 N.E.2d 999 (2d Dist. 2010)(followed)
  • People v. 1998 Lexus GS 300, 402 Ill. App. 3d 462, 341 Ill. Dec. 372, 930 N.E.2d 582 (1st Dist. 2010)(followed)
  • People v. 1996 Honda Accord, 404 Ill. App. 3d 174, 343 Ill. Dec. 928, 935 N.E.2d 1156 (2d Dist. 2010)(followed)
  • Smith v. City of Chicago, 524 F.3d 834 (7th Cir. 2008)(rejected)

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