People ex rel. Waller v. 1996 Saturn

Claimant, Darrick Henderson, appeals the forfeiture of his vehicle, a 1996 Saturn, pursuant to section 36 — 1 of the Criminal Code of 1961 (the Code) (720 ILCS 5/36 — 1 (West 1996)). Claimant contends that (1) the forfeiture was not authorized by section 36 — 1, and (2) the forfeiture violated the excessive fines clause of the eighth amendment to the United States Constitution.

The facts underlying the action for forfeiture are as follows. On August 14, 1996, around 12:40 p.m., Sergeant Gary Bitler of the Round Lake Beach police department was stationed at a Super K mart parking lot in Round…