People Ex Rel. Birkett v. 1995 Pontiac Trans Am Vin 2g2fv22p5s2200525

830 N.E.2d 876, 358 Ill. App. 3d 184, 294 Ill. Dec. 464, 2005 Ill. App. LEXIS 608
CourtAppellate Court of Illinois
DecidedJune 17, 2005
Docket2-04-0603 Rel
StatusPublished
Cited by1 cases

This text of 830 N.E.2d 876 (People Ex Rel. Birkett v. 1995 Pontiac Trans Am Vin 2g2fv22p5s2200525) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Birkett v. 1995 Pontiac Trans Am Vin 2g2fv22p5s2200525, 830 N.E.2d 876, 358 Ill. App. 3d 184, 294 Ill. Dec. 464, 2005 Ill. App. LEXIS 608 (Ill. Ct. App. 2005).

Opinion

JUSTICE BYRNE

delivered the opinion of the court:

The State filed a verified complaint seeking the forfeiture of a 1995 Pontiac Trans Am, VIN 2G2FV22P5S2200525. The complaint alleged that the Trans Am was subject to forfeiture pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) (720 ILCS 570/505(a)(3) (West 2002)) and the provisions of the Drug Asset Forfeiture Procedure Act (Forfeiture Act) (725 ILCS 150/1 et seq. (West 2002)). The complaint alleged that the car was used or was intended to be used to facilitate a violation of the Substances Act and was seized from claimant, Brian Baker, on June 7, 2003. Claimant filed a verified claim asserting that he was the owner of the Trans Am and that it was not forfeitable, as the car was not used to facilitate any alleged illegal possession of drugs.

Following a bench trial, the trial court found that the use of the Trans Am facilitated the illegal possession of drugs within the meaning of the Substances Act and ordered the forfeiture of the Trans Am to the State as provided by law. Claimant appeals, contending that the trial court erred by ordering the Trans Am forfeited, because the car did not facilitate the concealment of the drugs found in the car, as they were in plain view, within claimant’s control, and the drugs were for his personal use and not for sale or delivery. We affirm.

BACKGROUND

The following evidence was admitted at trial. Officer Thomas Kozielski of the Westmont police department testified that he was on routine bicycle patrol when he stopped claimant’s car for a routine traffic violation and observed a “small bagg[ie] approximately half inch by half inch with a folded up piece of aluminum foil inside of it” in the center cup console of the car. Kozielski stated that he could see the baggie in plain view in the center cup console. Kozielski testified that he specialized in training in narcotics detection and street identification. Based on his training and experience, he believed that the package contained illegal narcotics.

Kozielski further testified that, when he asked claimant what was inside the package, claimant “actually grabbed the *** small bagg[ie] and tried to swallow it.” Kozielski explained that a struggle ensued, in which he tried to stop claimant from swallowing the baggie. During the struggle, claimant knocked over a “purple Crown Royal [bag] inside of his vehicle,” causing other items inside the bag to fall onto the floorboard on the driver’s side of the car. Kozielski identified the contents that spilled from the bag: a lighter and pipe commonly used to smoke narcotics; four small baggies containing a powdery substance; and three other baggies, each of which contained a substance folded into a foil package. The substances later tested positive for heroin and cocaine.

Kozielski testified that his attempt to get claimant to spit out the foil packet that claimant had taken from the center cup console proved unsuccessful. He later asked claimant what was in the packet and claimant told him it was heroin.

Kozielski stated that, after he arrested claimant and took him to the station, claimant agreed to speak with Officer Bright of the Westmont police department. Kozielski related that he was present during the interview. The prosecutor asked Kozielski if claimant told the officers during the interview where he went to purchase the drugs. Kozielski responded that claimant told them that he had “recently” driven “to the west side of Chicago on Cicero Avenue on approximately Kilody [sic] Street” to purchase the drugs. Kozielski also related that claimant told them that the drugs were for his personal use. Claimant subsequently pled guilty to possession of narcotics.

After the State rested its case, claimant moved for a directed finding, contending that the State failed to fulfill its burden of proof. In particular, claimant asserted that the State failed to present any evidence that the use of the Trans Am aided him in the possession of the controlled substances found in his car, because he did not use the car to conceal the drugs; they were in plain view.

The trial court disagreed, finding that the State had met its burden. The court noted that it heard the testimony that the vehicle was used to go to the west side of Chicago to purchase the drugs and that it had transported the drugs. The court held that the fact that the drugs were in plain view did not obviate the applicability of section 505(a)(3) of the Substances Act, because the plain language of the statute permits forfeiture where a claimant’s vehicle is used to “facilitate both the possession and the transportation of the narcotics.” The court stated that claimant used the vehicle to buy the narcotics and had them in his vehicle as opposed to his clothing. Accordingly, it denied the motion.

Following the denial of the motion, claimant recalled Kozielski to the stand and asked him questions only regarding how the contents of the Crown Royal bag spilled onto the floorboard of the car. Apparently, claimant’s counsel was concerned with whether his client deliberately tried to use the Trans Am to facilitate concealment of the drugs. However, no matter how counsel phrased the questions, Kozielski could not answer them because he did not pay attention to how the contents of the Crown Royal bag emptied onto the floorboard, since at the time he was worried about retrieving the contraband from claimant’s mouth.

During closing argument, claimant continued to argue that there had to be some attempt by the possessor of the illegal substance to use the vehicle to conceal the substance or otherwise defeat the law enforcement officer’s arrest in order to subject the car to forfeiture and that there was no evidence that he used the Trans Am in that manner. The court disagreed. It believed that, under the plain language of the statute, the Trans Am was used to facilitate both the possession and the transportation of the narcotics. The court deduced that, if the statute applied only to vehicles used for the delivery of narcotics, then the words “possession” and “transportation” in the statute would be surplusage. Accordingly, the court found by a preponderance of the evidence that the Trans Am was used to facilitate claimant’s possessory drug offense, and the car was ordered forfeited. Claimant timely appeals.

ANALYSIS

On appeal, claimant contends that the trial court erred by ordering the Trans Am forfeited. We disagree for the following reasons.

The Forfeiture Act sets out uniform procedures for the seizure and forfeiture of property under the Substances Act. The Forfeiture Act is to be liberally construed to effectuate its remedial purpose (725 ILCS 150/13 (West 2002)). People ex rel. Birkett v. 1998 Chevrolet Corvette, 331 Ill. App. 3d 453, 459 (2002). “With respect to a forfeiture proceeding, the Forfeiture Act controls over the Substances Act.” 1998 Chevrolet Corvette, 331 Ill. App. 3d at 459.

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Bluebook (online)
830 N.E.2d 876, 358 Ill. App. 3d 184, 294 Ill. Dec. 464, 2005 Ill. App. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-birkett-v-1995-pontiac-trans-am-vin-2g2fv22p5s2200525-illappct-2005.