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PEOPLE v. ONE 1998 GMC

No. 110236.

960 N.E.2d 1071 (2011)

355 Ill. Dec. 900

The PEOPLE of the State of Illinois, Appellant, v. ONE 1998 GMC et al., Appellees.

Supreme Court of Illinois.

December 30, 2011.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, of Springfield, and Robert Berlin , State's Attorney, of Wheaton ( Michael A. Scodro , Solicitor General, and Michael M. Glick and Eldad Z. Malamuth , Assistant Attorneys General, of Chicago, of counsel), for the People.

Donald J. Ramsell , of Wheaton, for appellees.

OPINION

Justice THOMAS delivered the judgment of the court, with opinion.

¶ 1 The issue presented in this case is whether the vehicle-forfeiture provisions of the Criminal Code of 1961 (the Criminal Code) (720 ILCS 5/36-1 through 36-4 (West 2006)) are facially unconstitutional as a violation of procedural due process because they do not include a provision requiring a prompt, probable cause hearing after the seizure of a vehicle. We find that the forfeiture...

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