[Download] "People Ex Rel. Power v. One 1979 Chevrolet" by Illinois Appellate Court — Third District Judgment Affirmed # eBook PDF Kindle ePub Free
eBook details
- Title: People Ex Rel. Power v. One 1979 Chevrolet
- Author : Illinois Appellate Court — Third District Judgment Affirmed
- Release Date : January 30, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Appeal is taken from a judgment of the Circuit Court of Kankakee County ordering the forfeiture of a Chevrolet Camaro automobile owned by Mitchell Francoeur. The forfeiture was undertaken pursuant to the Illinois forfeiture act (Ill. Rev. Stat. 1979, ch. 38, par. 36-1). On appeal, the appellant contends that section 409 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1979, ch. 56 1/2, par. 1409) bars maintenance of the forfeiture action. Section 409 provides that a conviction or acquittal under the laws of the United States or of any state relating to controlled substances, for the same act is a bar to prosecution in this State. The record discloses that on October 19, 1979, Francoeur was arrested by agents of a joint task force of State and Federal officers following a controlled purchase of 20 ounces of cocaine. At the time of his arrest, Francoeur's 1979 Chevrolet Camaro automobile was seized by the State agents. Thereafter, Francoeur was charged in both Federal and State indictments with various charges relating to possession and distribution of cocaine. The forfeiture action was also commenced to forfeit the 1979 Chevrolet Camaro to the State.
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