Illinois Requires Seized Vehicle to be “within” county’s borders to confer in-rem jurisdiction

A parked vehicle was seized in Hammond Indiana by the Crete Police Department. Illinois commenced a forfeiture action pursuant to Article 36 against the vehicle. Illinois then requested a hearing that there was probable cause that the vehicle was subject to forfeiture. Trial court found no probable cause and State appealed. Appellate Court affirmed and held it is the location of the property within the territorial jurisdiction of this state that confers jurisdiction on the circuit court. It is undisputed that the vehicle was in Hammond, Indiana, not Will County, when it was seized by law enforcement. Consequently, the circuit court lacked in rem jurisdiction over the property and was therefore unable to consider the State’s petition under article 36 of the Criminal Code. See 2023 Ill. v. 2016 Chrysler 200 Black, 2023 Il. App. (3rd) ____, 2023 Ill.App. Unpub. LEXIS 1421 (3rd Dist. September 7, 2023).