People v. One 1946 Buick, VIN 34423520

The State’s Attorney of Cook County brought this action for a declaration of forfeiture against a 1946 Buick under the provisions of the Illinois Controlled Substances Act. (Ill. Rev. Stat. 1985, ch. 56 V2, par. 1505(a)(3).) The trial court denied the requested relief and the State appeals.

Chicago police officer John D. Haugh testified that at 1:20 a.m. on March 10, 1986, he stopped a 1946 Buick, which was owned and driven by Samuel Smith, after he observed the vehicle fail to stop at a stop sign. He approached Smith and saw him emptying a white package onto the floor of the vehicle. It was…