illinois seized property auction

Several other statutes that authorize seizure and forfeiture of property (including, in some cases, other types of property besides vehicles, vessels and aircraft) explicitly provide that forfeiture under those statutes shall happen in accordance with the procedures set forth in Article 36.[37]. 5/124B-5 et seq. Stat. Outside of forfeiture cases, most civil actions in American courts are in personam: lawsuits filed against a specific person or persons, who must be joined as parties and served with a summons and complaint to give the court jurisdiction to try the case. The totals below describe the number of reported seizures discrete interactions where law enforcement physically took private property under state or federal law and the value of the property seized (values are exact for seized cash but estimated for vehicles and other forms of property). ), Narcotics Profit Forfeiture Act (725 ILCS 175/5), Illinois Streetgang Terrorism Omnibus Prevention Act (740 ILCS 147/1 et seq. Illinois is one of just five states that require forfeiture victims to pay courts for the right to challenge the forfeiture. 1040/9). Stat. One of the most basic yet substantive reforms Illinois could pass would be to require a criminal conviction as a prerequisite to civil asset forfeiture. Asset forfeiture in Illinois: What it is, where it happens, and reforms the state needs. Search our database of Bond County Property Auctions for free! Justice is too easily compromised when, as in Illinois, quasi-criminal sanctions like civil asset forfeiture can exist completely unmoored from the criminal justice system and its attendant due process protections, like the defendants right to be represented by counsel and the governments burden to prove its case beyond a reasonable doubt. The Department of Justices equitable sharing program allows local and state police to collaborate with federal law enforcement so that any property taken will be forfeited under federal law, bypassing state forfeiture laws. US Dept of the Treasury Seized Real Property Auctions - Upcoming Auctions NEW TO TREASURY AUCTIONS? il. [54] 720 Ill. Comp. Furthermore, the data Illinois State Police do provide can be internally inconsistent. Therefore, it is important that any legislation that reforms forfeiture procedures under Illinois law must also strictly limit Illinois law enforcement agencies participation in federal forfeitures. [56] However, in forfeiture cases brought under the Drug Asset Forfeiture Procedure Act,[57] money laundering law[58] and Illinois Street Gang and Racketeer Influenced and Corrupt Organizations, orRICO, Law,[59] the standard is merely probable cause. Assn, 909 F. Supp. This report provides just a glimpse of the data acquired on asset seizures and forfeitures in the state of Illinois. Laughlin Constable. The enormous sums forfeited under federal law in Illinois every year rank Illinois only 40th among states participation in equitable sharing programs with the Department of Justice. Law enforcement agencies have a strong financial incentive to seize property, because they reap almost all of the proceeds from civil asset forfeiture. Get details about storage unit auctions, police vehicles for sale, and the seized property auctions in Ottawa, IL. Stat. Theres also a need to raise the standard of proof required to be met by the government in order to forfeit property in Illinois. 301 West Lafayette St, Ottawa, IL 61350. 12.5 percent to the prosecutor instituting the forfeiture action; 12.5 percent to the Office of the States Attorneys Appellate Prosecutor (the Office of the Cook County States Attorney, which handles its own appeals, receives 25 percent of forfeiture cases instituted in that county); type of property seized (including make, model and serial number for vehicles), what criminal offense was alleged to have taken place, the outcome of any criminal charges (which should be prerequisite for any seizure in the first place) and. DIURBA CLOSE-OUT AUCTION Saturday, JULY 22, 2023; starting at 10 AM Located at 1518 Community Beach Road, ODIN, IL East on Community Beach Road from IL State Route 51 (North East of Centralia -- between Sandoval, Central City & Odin) The Diurba's are moving to Florida to Retire. Requiring a criminal conviction as a prerequisite to the forfeiture of property in a civil proceeding would provide some measure of assurance that there has, in fact, been an actual crime to justify the imposition of this punishment. [1] According to a 2016 Cabrini-Green Legal Aid interview of a Cook County judge, the annual docket of cases heard in the forfeiture courtroom at the Richard J. Daley Center is approximately 2,000, and the ratio of cases is roughly one Article 36 case per two drug forfeiture cases; additionally, according to the website of the DuPage County States Attorneys office, 394 Article 36 forfeiture cases were closed in 2008 in DuPage County alone, http://www.dupageco.org/States_Attorney/States_Attorney_News/2008/30380/. ), Public Corruption Profit Forfeiture Act (5 ILCS 283/1 et seq. It also doesnt show exactly where and when each seizure took place, or provide information on the outcome of each seizure, such as if it was contested by the property owner or if it was eventually forfeited or not. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users movements around the site and to gather demographic information about our user base as a whole. Reported case law confirms that Illinois courts have interpreted the law to authorize forfeiture of a persons vehicle on the basis that an occupant possessed a small quantity of drugs in his or her pocket.[76]. State of Illinois Online Auction iBid COVID Guidelines NO admittance into State Surplus Warehouse for property viewing - iBid viewing is limited to "Virtual Only". Stat. Great Neck, NY 11021 IL 60558 Phone: 708-246-1800 Fax: 708-246-0284 Email Western Springs. [12], In personam is distinguished from in rem jurisdiction, in which the defendant is one or more pieces of property. 2C:64-6(a), (c). According to Illinois State Police data, the Chicago Police Department seized more reported assets than any other law enforcement agency in Illinois, followed by Illinois State Police themselves and the Chicago area-based Narcotics and Currency Interdiction Team: Outside of task forces that operate throughout the state or in multiple jurisdictions, police departments in Decatur, Peoria, Rock Island and Joliet, along with sheriffs in Cook and Will counties, stand out for their high seizure numbers. [44], In addition to the laws enumerated above, there are numerous other Illinois statutes authorizing the seizure and forfeiture of property on the basis that the property is connected to some violation of the law. The response was negative across all political affiliations: 89 percent of registered voters opposed property seizures without a conviction. Recommended. Specifically, we use third-party log analytics software called Urchin that uses log files to track this non-personally identifiable information about visitors. In at least some cases, this supposedly happened because data were counted multiple times by the states forfeiture tracking system. Rather, the statute provides that the entire proceeds of the forfeited property go to the same law enforcement agency that seized it, after payment of all liens and deduction of the reasonable charges and expenses incurred by the States Attorneys Office.[69]. No additional compensation is available for having been wrongfully deprived of possession of the property, however long it was in the custody of the authorities. It is very difficult to even imagine how, in practical terms, a person might expect to succeed at proving a negative that he or she was not involved in a crime, or did not know about or consent to a crime committed by another person. [23] Dick Carpenter, Lisa Knepper, Angela Erickson, and Jennifer McDonald, Policing for Profit: The Abuse of Civil Asset Forfeiture, Second Edition, (Institute for Justice, November 2015). The fact that tens of millions of dollars are taken by Illinois law enforcement every year, with few protections for the innocent and little transparency in how these funds are acquired or spent, does little to inspire trust in law enforcement in a time of widespread public distrust. Stat. A judgment in rem operates directly on the property itself and is enforceable against the world at large. Illinois stands out among other states for its high seizure rates, ranking among the top 11 in takings through equitable sharing with the federal government. [44] See Appendix C (listing offenses for which forfeiture is authorized under Article 124B of the Code of Criminal Procedure). This practice can exacerbate impoverishment and harm the persons innocent children and family members. ), Drug Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq. During this time, without transportation, she was unable to attend therapy appointments for her broken arm, or even to make trips to the grocery store without help from friends. [13] While the law typically requires notice to be sent by mail to known property owners, unlike in most civil lawsuits, owners are not required to be personally served with a summons and complaint to ensure that they do in fact receive proper notice of the action being taken against them. Practically any type of property may be forfeited, including cash, a vehicle, personal property, or even real estate. [67] The fund is administered by the Department of Human Services, and the monies set aside are required to be used for grants to organizations to provide services for victims of prostitution and human trafficking. Physical Address 900 W Liberty Drive Wheaton . Note that this calculation only includes seizures made by that citys police agency, since its not possible to clearly pinpoint a task force seizure or a sheriffs office seizure to a specific city when they have a wider geographic jurisdiction, usually at the county level. As detailed in this report, millions more dollars in property are seized in Illinois under federal law than under state law. The General Assembly, which has the power of the purse under the Illinois Constitution,[75] should decide where public dollars are allocated, not law enforcement agencies. Surplus, Seized, and Forfeited Property (includes browse by state) - GSA. Should you have questions regarding the auction website or any of the auctions, please email OCPO.Events@CookCountyil.gov or contact the Procurement Office @ 312.603.5377. Asset forfeiture is the permanent confiscation of private property by law enforcement agencies at the local, state and federal levels. 15, 5822(3); Mississippi Code Ann. The rules of evidence do not apply in these preliminary hearings.[53]. This includes 93 percent of Democrats, 86 percent of Republicans and 89 percent of Independents. Out of this, we list 9 (IL) Seized Property Auctions. [43] This law sets forth the legal standards and procedures for seizing and forfeiting property in connection with criminal prosecutions for a wide range of offenses, including child pornography, human trafficking, animal fighting, public assistance fraud, and terrorism. . It is difficult to imagine how being permanently deprived of their cash, cars or other valuable property is supposed to make these individuals less likely to engage in criminal behavior. 5/29B-1(l)(2); 725 Ill. Comp. [64] 720 Ill. Comp. The Wheaton Police Department auctions off surplus, found and obsolete property through the Property Room website. Rev. This site advertises auctions of seized Real Property for sale throughout the United States and Puerto Rico and includes single and multi-family residences; commercial and residential land; commercial buildings and warehouses; and operating businesses. Subsequently, the prosecutors office instituted a forfeiture action to take the vehicle away permanently. After the property is seized, the owner has no legal recourse to seek the return of the property until a preliminary hearing at least 14 days after the seizure. A finding that probable cause existed for the seizure of property at the time it was seized should not by itself be dispositive of whether permanent forfeiture of the property to the government is justified. Illinois and federal law both permit law enforcement. Titanic, Inc. v. Haver, 171 F.3d 943 (4th Cir. Stat. Forfeiture statutes generally provide that, in order to prevail in a forfeiture action, the government has the burden of proving that the property at issue either derived from the proceeds of a crime or was used in the commission of the crime. 150/6. [12] Seitz v. Federal Nat. Advertisements Police Auctions in Naperville, IL Browse our police vehicle auction listings today. And what can be done to ensure property owners face a fair, efficient and equitable process when their property is seized? Article 29B of the Illinois Criminal Code is Illinois money laundering law. Illinois asset seizure and forfeiture data. Auctions in Illinois Find All Types of Government Auctions in your Area Find an Auction OR >> Back to Full State Auction List >> See ALL Auctions in the State of IL >> See Foreclosures in Illinois (IL) Now Showing Upcoming Auctions in Illinois (IL) RSS FEED 1 2 3 4 Next>> CONTACT US Illinois currently requires that notice be sent to a known owners address by certified mail but never requires confirmation that the person received the notice. The law enforcement agencies making the most seizures are the Chicago Police Department, the Illinois State Police, the Narcotics and Currency Interdiction Team, the Cook County Sheriffs Office and the Decatur Police Department. Failure to take these steps will result in the property being forfeited automatically through a nonjudicial forfeiture. If the person cannot afford to hire an attorney, then he or she will have to represent himself or herself. Kankakee Police Department. [40], Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, or RICO law, allows criminal prosecution of individuals alleged to be participants in certain organized crime enterprises. Seizure of property occurs when the police or another arm of state or local government takes custody of private property, and is generally authorized whenever an officer has probable cause to believe that the property was derived from, or used in the commission of, a crime. The Drug Asset Forfeiture Procedure Act outlines the requirement that law enforcement agencies report any seizures to their states attorney and the director of the Illinois Department of State Police, with the notable exception of seizures made under Article 36. This change in the law would provide a disincentive for prosecutors to expend resources pursuing forfeiture cases when police have seized valuable property, such as a vehicle, on the basis of a relatively minor violation like small-time drug possession. Category: Police . [2], American forfeiture laws originated from admiralty and customs laws, which allowed seizure of contraband from ships at sea. [75] Ill. Const. To learn more, it's a good idea to contact the government car auction locations listed below: Advertisement Police Auctions Listings art. Find and bid on Residential Real Estate in Bond County, IL. 1301 West Adams Street, Chicago, IL 60607-2803. Stat. Frequently, forfeiture statutes set forth a formula for distributing the sales proceeds to ensure that the money derived from forfeiture will primarily or exclusively benefit the law enforcement agency that seized the property, and/or the prosecutors office that instituted the forfeiture case. lists 78 Government Auctions that are located in or pertain to Illinois Find additional info about police seized auctions and used police car auctions. For example, the data provided in response to FOIA requests for asset seizure and forfeiture data between 2005 and 2015 would give vastly different totals when the exact same information was requested by county and then by specific law enforcement agency. Out of this, we list 9(IL) Seized Property Auctions. Illinois law currently authorizes the forfeiture of property alleged to be an instrumentality of a drug offense even if the predicate offense is the possession of a small quantity of a controlled substance for personal use. 16-13-307(1.7)(c) (public nuisance), 16-13-505(1.7)(c) (contraband), 16-13-509 (currency),18-17-106(11) (racketeering); Utah Code Ann. il. In those cases, a hearing is required at which the state must prove its case in order to prevail.

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