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PEOPLE v. ONE 1984 PONTIAC PARISIENNE

No. 2-00-0555.

754 N.E.2d 358 (2001)

323 Ill. App.3d 717

257 Ill.Dec. 700

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. ONE 1984 PONTIAC PARISIENNE SEDAN, VIN 2G2AK69H3E9729554, Defendant (Eric V. Wassilak, Claimant-Appellee).

Appellate Court of Illinois, Second District.

July 18, 2001.

Attorney(s) appearing for the Case

Gary W. Pack, McHenry County State's Attorney, James P. Kelly, Asst. State's Attorney, Woodstock, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas W. Byrnes, Law Office of Thomas W. Burns, South Elgin, for One 1984 Pontiac Parisienne.

Justice BOWMAN delivered the opinion of the court:

The State charged claimant, Eric V. Wassilak, with unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1998)). Claimant moved to suppress evidence that he alleged was obtained illegally. The circuit court granted the motion. The day after that ruling, the State filed a petition to forfeit a car claimant allegedly used in the drug offense. Relying on the suppression order, claimant moved in...

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