Liberty Justice Center seeks damages, reform to prevent improper
seizures
[April 28, 2025]
By Catrina Barker | The Center Square contributor
(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.
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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.
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