People ex rel. Waller v. $4,175 United States Currency

The State brought an action against Lewis Clayborne (hereinafter claimant) for the forfeiture of $4,175 pursuant to section 12 of the Cannabis Control Act (Ill. Rev. Stat. 1991, ch. 56½, par. 712). Following a bench trial, the court ruled in favor of the claimant. On appeal, the State contends that the trial court erred in finding that the State (1) failed to prove that probable cause existed to forfeit the money and (2) failed to establish the applicability of the rebuttable presumption that the money was forfeitable under section 7 of the Drug Asset Forfeiture Procedure Act (Ill. Rev. Stat.…