People v. McGowan

The State filed an in rem action in the circuit court of McLean County pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Act) (Ill. Rev. Stat. 1989, ch. 56½, par. 1505(a)(3)), seeking forfeiture of a 1988 Mercury Cougar automobile. The State’s complaint named Kenneth McGowan, the owner of the automobile, as an additional party. The complaint alleged that four-tenths (0.4) of a gram of cocaine, a controlled substance,' was seized during a lawful search of the automobile. According to the State, the automobile was thus subject to forfeiture under the Act. The circuit…