People v. One 1986 White Mazda Pickup Truck

The State filed a complaint requesting forfeiture of a 1986 Mazda pickup truck pursuant to section 505(aX3) of the Illinois Controlled Substances Act (Act) (Ill. Rev. Stat. 1991, ch. 56%, par. 1505(aX3) (now 720 ILCS 570/505(aX3) (West 1992))), alleging that the truck was used to facilitate the possession of cocaine that claimant Mark Brown was carrying on his person when he was arrested. The trial court denied the request, and the State appeals. The sole issue presented on appeal is whether the trial court erred in denying the request for forfeiture.

At the forfeiture hearing, the parties…