Illinois ex rel. Neal v. Ryan
Illinois Appellate Court
672 N.E.2d 47, 284 Ill. App. 3d 318, 219 Ill. Dec. 732 (1996)
Edmund Ryan (defendant) was pulled over for a traffic violation when returning home from work. During the traffic stop, police officers found marijuana in a bag carried by Ryan. The marijuana was for Ryan and his wife to consume, not for sale or distribution to anyone else, and Ryan had taken the marijuana to work. Ryan was charged with possession of a controlled substance, and the state sought forfeiture of Ryan’s truck under the Illinois forfeiture statute, which required forfeiture of any vehicle used to facilitate the transportation or possession of a controlled substance. Ryan persuaded the trial court that the truck was not used to facilitate the transportation or possession of the marijuana, and the trial court denied the forfeiture claim. The state appealed.
Rule of Law
Holding and Reasoning (McCuskey, J.)
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