(The Center Square) – The Winnebago County Sheriff’s Office and State’s Attorney unlawfully seized First Supply, LLC’s property for 15 months despite the company having no involvement in an auto accident, according to a lawsuit from The Liberty Justice Center.
In January 2024, a First Supply delivery truck was struck by an alleged drunk driver, but despite having no fault in the accident, the Winnebago County Sheriff’s Office unlawfully seized the company’s truck without a warrant or justification, according to LJC..
Loren Seehase, senior counsel at LJC, confirmed First Supply was not cited for the accident.
“There’s a process in place if you’re a criminal suspect and your property is taken, if your case gets dismissed, you can get your property back,” said Seehase. “If your property is seized under the Civil Asset Forfeiture Law, there are specific situations, though those don’t apply to this case. In this situation, there’s no clear legal path for First Supply to reclaim its vehicle, which is why we raised a Fourteenth Amendment due process claim.”
The Winnebago County Sheriff’s Office declined to comment.
“I’m sorry to share that we are unable to comment as the criminal case involving the First Supply complaint is still pending,” said Winnebago State’s Attorney spokesman Katie Zimmerman.
Seehase said First Supply tried to go through the defense attorney of the alleged drunk driver, who’s passenger died in the accident, to see if they were done with the vehicle.
“First Supply didn’t learn about the dismissal of the traffic case from the sheriff or state’s attorney. They discovered it on their own. When they reached out to ask for their vehicle back, both offices refused to release it,” said Seehase. “Later, the case was refiled as a criminal felony due to the passenger’s death in the crash, and charges against the driver are still pending. The trial hasn’t begun, and the next court appearance isn’t scheduled until May, which is just a hearing, not the start of the trial.”
First Supply’s laewsuit was filed in the U.S. District Court for the Northern District of Illinois, Western Division.
Seehase criticized the prolonged seizure, calling it “completely unreasonable” given the circumstances.
“They’ve had it for over 15 months, and it wasn’t even the vehicle that caused the crash,” she said.
Seehase pointed out that investigators had already taken photographs and completed an accident recreation. She said any potential biological evidence would have long since deteriorated.
“I can’t speculate if this is bureaucratic negligence on the part of the state’s attorney or the sheriff’s office,” Seehase said. “It could simply be that they [First Supply] have fallen through the cracks.”
Seehase is seeking damages for the truck’s deterioration after being left in an open-air impound lot for 15 months, where it suffered from exposure, possible rodent infestation and the degradation of rubber parts.
“When the government takes your personal property, they must have either a warrant or exigent circumstances to justify doing so without one. In this case, there were no such circumstances. First Supply wasn’t a fleeing suspect. They could have easily obtained a warrant within a short period of time if needed,” said Seehase. “First Supply would have stored the vehicle in a covered garage and waited for their insurance adjuster, which would have taken days or weeks, plenty of time for officials to get a warrant if the truck was truly needed.”
Seehase said this seizure could have been a small mom-and-pop company that could not afford to lease a second vehicle, which LJC is seeking monetary damages for as well.
“This is not just for First Supply, but this is for all people in Illinois so that there can be a process created so that this doesn’t happen to somebody else,” said Seehase.
