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An obscure law in this state allows the police to seize the vehicle and sell it. And in situations where someone other than the owner was driving, those vehicles can be seized and sold over the owner's objection. The process is called an Article 36 seizure.

(B) The notice of pending forfeiture must include a description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.

One of the most controversial practices in the criminal justice system is civil asset forfeiture. Every year, Illinois law enforcement officials are allowed to take hundreds of millions of dollars in property from private citizens—without having to prove the property holders committed any crime.

Civil forfeiture allows the government (typically the police) to seize — and then keep or sell — any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

(b) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in an administrative forfeiture action, or a motion with the court in a judicial forfeiture action, for the return of any personal property contained within a conveyance seized ...

One of the most controversial practices in the criminal justice system is civil asset forfeiture. Every year, Illinois law enforcement officials are allowed to take hundreds of millions of dollars in property from private citizens—without having to prove the property holders committed any crime.

What are the types of Asset Forfeiture? Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ... Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.

Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of criminals located outside the United States, including terrorists, and fugitives.

Examples of asset forfeiture include: police taking ownership of several kilos of cocaine in a drug possession case. the government keeping a hunting knife that was used in an assault with a deadly weapon case. Cops taking a machine that a criminal used to make a counterfeit product.

These assets will typically be auctioned and the proceeds used to compensate victims or returned to the public purse. Where assets are suspected of being the proceeds of crime but cannot be linked to a criminal conviction – or where a criminal conviction has failed - we can use civil recovery powers to confiscate them.

Police can seize not only cash from cars but real estate such as a person's home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner's awareness.

Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.

An obscure law in this state allows the police to seize the vehicle and sell it. And in situations where someone other than the owner was driving, those vehicles can be seized and sold over the owner's objection. The process is called an Article 36 seizure.

(B) The notice of pending forfeiture must include a description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.

One of the most controversial practices in the criminal justice system is civil asset forfeiture. Every year, Illinois law enforcement officials are allowed to take hundreds of millions of dollars in property from private citizens—without having to prove the property holders committed any crime.

Civil forfeiture allows the government (typically the police) to seize — and then keep or sell — any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

(b) A claimant or a party interested in personal property contained within a seized conveyance may file a request with the State's Attorney in an administrative forfeiture action, or a motion with the court in a judicial forfeiture action, for the return of any personal property contained within a conveyance seized ...

One of the most controversial practices in the criminal justice system is civil asset forfeiture. Every year, Illinois law enforcement officials are allowed to take hundreds of millions of dollars in property from private citizens—without having to prove the property holders committed any crime.

What are the types of Asset Forfeiture? Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ... Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.

Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of criminals located outside the United States, including terrorists, and fugitives.

Examples of asset forfeiture include: police taking ownership of several kilos of cocaine in a drug possession case. the government keeping a hunting knife that was used in an assault with a deadly weapon case. Cops taking a machine that a criminal used to make a counterfeit product.

These assets will typically be auctioned and the proceeds used to compensate victims or returned to the public purse. Where assets are suspected of being the proceeds of crime but cannot be linked to a criminal conviction – or where a criminal conviction has failed - we can use civil recovery powers to confiscate them.

Police can seize not only cash from cars but real estate such as a person's home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner's awareness.