People ex rel. Daley v. One 1978 Buick Automobile

Larry J. Elenz (Elenz) appeals from an order of the circuit court authorizing the forfeiture of a 1978 Buick automobile which the State alleges he used in the commission of the offense of gambling. Elenz maintains that the vehicle is not subject to forfeiture because the State failed to prove by a preponderance of the evidence that it was used to facilitate gambling. We affirm.

At the forfeiture hearing in the circuit court on April 27, 1988, two investigators of the Cook County sheriff’s police, Jose Rivera and Wayne Wieczorek, testified for the State; no witnesses testified for the defense;…