Havlen v. Waggoner

This case involves a challenge to the constitutionality of section 4-107(i) of the anti-theft article of the Illinois Vehicle Code. (Ill. Rev. Stat. 1979, ch. 95 1/2, par. 4-107(i).) The statute provides that an automobile which has the manufacturers identification number cannot removed, altered, defaced or destroyed may be seized and, if the true manufacturers identification number cannot be identified, the automobile shall be considered contraband. The statute states that a person owning, leasing or possessing the automobile has no property rights in the vehicle. The issue raised in this appeal is whether the seizure and subsequent sale of an automobile having a defaced or destroyed vehicle identification number violates the due process rights of an innocent purchaser having no knowledge of the altered number where the original vehicle identification number cannot be determined and the original owner cannot be ascertained.