PEOPLE EX REL. WALLER v. $4,175.00 U.S. CURRENCY

No. 2-91-0901.

607 N.E.2d 610 (1993)

239 Ill. App.3d 857

180 Ill.Dec. 541

The PEOPLE of the State of Illinois ex rel. Michael J. WALLER, State's Attorney of Lake County, Plaintiff-Appellant, v. $4,175.00 U.S. CURRENCY, Defendant-Appellee (Lewis Clayborne, Claimant).

Appellate Court of Illinois, Second District.

January 15, 1993.


Attorney(s) appearing for the Case

Michael J. Waller, Lake County State's Atty., William L. Browers, Deputy Director, State's Atty. Appellate Prosecutor, Norbert J. Goetten, Director, State's Atty. Prosecutor, Robert J. Biderman, SAAP, 4th Dist., Jeffrey K. Davison, SAAP, Springfield, for the People ex rel.

Peter A. Staben, Staben & Kopsick, P.C., Waukegan, for $4,175.00 U.S. Currency.


Justice McLAREN delivered the opinion of the court:

The State brought an action against Lewis Clayborne (hereinafter claimant) for the forfeiture of $4,175 pursuant to section 12 of the Cannabis Control Act (Ill.Rev.Stat. 1991, ch. 56½, par. 712). Following a bench trial, the court ruled in favor of the claimant. On appeal, the State contends that the trial court erred in finding that the State (1) failed to prove that probable cause existed to forfeit the money...

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