People Ex Rel. Daley v. Nine Thousand Four Hundred & Three Dollars

The State brought an action against Bessie Morrison (hereinafter claimant) for the forfeiture of money pursuant to section 505 of the Controlled Substances Act. (Ill. Rev. Stat. 1983, ch. 56½, par. 1505(a)(5).) Following a bench trial, the court ruled in favor of the State. On appeal, claimant contends that the trial court erred in finding the State’s evidence sufficient to raise the rebuttable presumption under section 505 thereby justifying the forfeiture. 1 In addition, she contends that if the State successfully raised the statutory presumption, she rebutted the presumption, and the State…