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Appellate Case Decisions 1. Civil Forfeiture & 2. Burglary-Racing Trailer in parking lot is a building

11/2/2016 12:00:00 AM

Appellate Cases Posted 10-26-16

  1. Civil Forfeiture: DUI: Reversed: To establish "probable cause that the property may be subject to forfeiture" (720 ILCS 5/36-1.5(a) (West 2014)), the State is only required to show that there is probable cause that the property may have been "used in the commission of an offense described in Section 36-1. To pass preliminary review, the State is not required to allege or prove facts tending to disprove an affirmative defense that an owner might subsequently raise. Schwarm, J.
No. 2016 IL App (5th) 150338 People ex rel. Kelly v. One 2008 Chevrolet Trailblazer Filed 10-26-16 (MGB)

Defendant arrested on offenses of DUI and DWLR, while operating his girlfriend's vehicle. Defendant stated he had regular use of the vehicle, which was titled in girlfriend's name because his license was revoked. Trial Court found a lack of probable cause at the preliminary hearing phase required by 36-1.5, on an affidavit which established the operation during the commission of a listed offense, but which was devoid of references to the owner of the vehicle and Defendant's statements. The circuit court erred in determining that pursuant to section 36-1.5, the State had to show probable cause that Dukes had used the Trailblazer with the girlfriend's knowledge and consent.

 
  1. Criminal Law: Burglary: Conviction Confirmed: 36 foot, 2 car racing trailer, parked in an open parking lot was a "building" within the meaning of the burglary statute. Cobbs, J.
No. 2006 IL App (1st) 142136 People v. McCann Filed 10-26-16 (MGB)

Following a joint bench trial, defendant Eric McCann and codefendant Eugene Harris1 were convicted of burglary. The trial court sentenced defendant to seven years' imprisonment as a Class X offender based upon his criminal history. On appeal, defendant solely contends that the State failed to prove him guilty beyond a reasonable doubt because the trailer that was entered did not constitute a "building" under the burglary statute. We affirm. In this case, similar to the trailers in Ruiz and Denton, Matos's trailer was used to store and shelter property, specifically, thousands of dollars worth of tools and automobile racing equipment. The 36-foot trailer was parked in an open parking lot, and photographs of the trailer show that it was not connected to any type of truck or tractor. Thus, the trailer was immobile at the time defendant and codefendant entered it.

 
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