People Ex Rel. O'Malley v. 6323 North LaCrosse Avenue

Resolution of this case requires this court to determine the constitutionality of the Drug Asset Forfeiture Procedure Act (Act) (Ill. Rev. Stat. 1991, ch. 561/2, pars. 1671 through 1684). The circuit court below found that the Act’s denial of a jury trial in forfeiture proceedings violates the Illinois Constitution. We agree and affirm.

BACKGROUND

Claimant, Maritza Varela, and her husband, Carlos, owned a home located at 6323 North LaCrosse Avenue in joint tenancy. On September 18, 1991, Carlos was arrested for the possession of 3,140 grams of cocaine resulting from a search of their home. On…