Lawyer: Car Forfeiture By Shorewood Police Would Be Illegal

JOLIET, IL - The Will County State's Attorney's Office has invested time and resources in trying to declare a 1998 Honda Prelude as a forfeited asset under the Illinois Cannabis Control Act. On Jan. 5, Shorewood Police officers arrested the driver, 21-year-old Ryan M. Kelly, on charges of possession of cannabis and possession of controlled substances.

The forfeiture complaint indicates Kelly was stopped near Black Road and Rollingwood Drive by Shorewood Officer Michael Alvarado and that "Kelly appeared nervous and avoided eye contact with Officer Alvarado … While providing his driver's license and eventually proof of insurance, Kelly's movements and slow responses were consistent with someone who used cannabis or was intoxicated."

As the night wore on, Shorewood Officer Weston Barlog also showed up at the traffic stop involving Ryan Kelly and "he observed the emanate odor of cannabis on his vehicle, in a backpack in the front passenger seat … In the front left side breast pocket of Kelly's jacket, Officer Alvarado located a red Pall Mall cigarette pack, which contained a green leafy substance, suspect cannabis. It should be noted that at a later time, a cannabis smoking device was also retrieved from the inside right breast pocket of Kelly's jacket," the forfeiture complaint reads.

In total, Shorewood Police confiscated the following items from inside Kelly's 1998 Honda Prelude:

• 1 large jar with suspect cannabis
• 1 small CVS orange pill container with no label, containing suspect cannabis
• 1 small glass jar with a screw-on metal top with suspect cannabis
• 1 blue satchel containing a black AWS100 digital scale covered with suspect cannabis
• 1 rose gold cannabis grinder containing suspect cannabis
• 1 black glass smoking device containing suspect cannabis
• 1 small orange CVS prescription pill container with 13 white tablets.

According to Shorewood Police, the cannabis in the glass jar weighed 34 grams, the total weight of the cannabis in the small plastic cup, Pall Mall cigarette container, CVS pill container and small glass jar with the metal top was 35 grams.

"It should also be noted that Officer Alvarado verified that the 13 white tablets with 'TV' on one side and '58' on the other side were in fact Tramadaol, HCL, a schedule 4 controlled substance," court documents show.

Enter the Law Offices of Daniel M. Walsh of downtown Joliet. He has been retained by the proper owner of the car, Doug Kelly. He has filed a claim asking that a judge forbid the Will County State's Attorney's Office from making his car into a forfeited police asset.

"Claimant was not operating the vehicle at the time it was seized, nor did he give anyone permission to possess contraband in the vehicle or operate the vehicle in an unlawful manner," attorney Walsh argued. "Moreover, claimant was not engaged in any illegal activity at the time of the seizure and was not charged with a crime."

In fact, Doug Kelly bought the car in June 2018 for $3,000 from a car dealership, according to his attorney's filing.

"There is no provision of law that would vest the state with legal authority to seize the Honda Prelude belonging to Doug Kelly," his attorney argues. "Doug Kelly does respectfully request this honorable court … enter an order compelling the return of the seized 1998 Honda Prelude …. as the lawful owner of said property."

Court records indicate that criminal defendant Ryan M. Kelly resides at the same address in the 1900 block of Chestnut Grove Drive, a Plainfield mailing address, as Doug Kelly, the car's owner. Ryan Kelly spent three days in the Will County Jail in January until posting 10 percent of his $5,000 bail, jail logs show.

The vehicle forfeiture is set for a court hearing on May 8.