PEOPLE EX REL. DEVINE v. $30,700.00

No. 90470.

766 N.E.2d 1084 (2002)

199 Ill.2d 142

262 Ill.Dec. 781

The PEOPLE of the State of Illinois ex rel. Richard A. DEVINE, Appellant, v. $30,700.00 UNITED STATES CURRENCY et al., Appellees.

Supreme Court of Illinois.

March 21, 2002.


Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, and Renee G. Goldfarb, Theodore Fotios Burtzos, Anthony M. O'Brien and James Nichols, Assistant State's Attorneys, of counsel), for appellant.

David R. McLenachen and Thomas Peters, Chicago, for appellees.


Justice FITZGERALD delivered the opinion of the court:

Pursuant to the Drug Asset Forfeiture Procedure Act (the Act) (725 ILCS 150/1 et seq. (West 2000)), the State initiated civil forfeiture proceedings against currency totaling $30,700 and $20,811. The State served notice of the forfeiture proceedings upon claimants Rashawn and Ida Carter (Rashawn and Ida) by certified mail, with return receipts requested (725 ILCS 150/4(A)(1) (West 2000)), to their last...

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