People ex rel. Kelly v. One 2008 Chevrolet Trailblazer
2016 IL App (5th) 150338
| Ill. App. Ct. | 2016Background
- On May 17, 2015 Nathaniel Dukes was stopped and arrested for DUI and driving while license revoked while driving a 2008 Chevrolet TrailBlazer registered to his live‑in girlfriend, Latoya Radford.
- Dukes told police Radford let him use the TrailBlazer “whenever he need[ed] it” and that the vehicle belonged to both of them; Dukes also said he could not title a vehicle in his name because his license was revoked.
- The State filed a forfeiture action under Illinois Criminal Code article 36 and sought a preliminary review hearing under 720 ILCS 5/36‑1.5 to determine probable cause that the vehicle may be subject to forfeiture.
- The affidavit presented at the preliminary hearing identified the vehicle and described Dukes’ erratic driving, signs of intoxication, and a breath test showing BAC nearly twice the legal limit; it did not reference Radford or Dukes’ May 18 statements.
- The circuit court found the State failed to show probable cause that Radford knew or should have known Dukes would drive the vehicle and ordered return of the vehicle; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 36‑1.5 requires the State at the preliminary review to show owner knowledge/consent | State: No; preliminary probable‑cause review requires only probable cause the vehicle was used in an enumerated offense | Claimants: Court must consider owner knowledge; lack of evidence of owner knowledge defeats probable cause | Court: Section 36‑1.5 does not require proof of owner knowledge/consent at preliminary stage; State need only show probable cause vehicle was used in a listed offense |
| Whether the affidavit established probable cause that the vehicle may be forfeited | State: Affidavit identifying the vehicle and facts of DUI/DWLR established probable cause | Claimants: Lack of evidence linking owner to knowledge/consent meant no probable cause | Court: Affidavit sufficiently established probable cause that the TrailBlazer was used in the commission of DUI/DWLR; circuit court’s contrary finding was against the manifest weight of the evidence |
Key Cases Cited
- People v. Dugan, 109 Ill. 2d 8 (discussing forfeiture as in rem proceeding)
- A Parcel of Property Commonly Known as 1945 North 31st Street, 217 Ill. 2d 481 (forfeiture treats property as facilitating crime)
- People v. One 1998 GMC, 2011 IL 110236 (innocent‑owner issues and burden shifting in vehicle forfeiture)
- People v. 1995 Ford Van, 348 Ill. App. 3d 303 (legislative purpose: repress crimes facilitated by vehicles)
- Toia v. People, 333 Ill. App. 3d 523 (repeat DUI offenders and forfeiture concerns)