Legal Opinion · Dissent

Sugalski v. Cochran

Supreme Court of Pennsylvania

Decided August 10, 1987No. 02418Published

1DissentOlszewski, Judge

In this appeal from the grant of a petition for the return of property, we are asked to determine whether over one-half million dollars seized during a raid on a gambling operation was derivative contraband and, consequently, subject to forfeiture to the Commonwealth. I agree with the implicit holding of the majority that money, in general, may be subject to forfeiture pursuant to 18 Pa.C.S.A. Sec. 5513. Because I believe the Commonwealth has proved that all the money confiscated here was derivative contraband, however, I disagree with the majority’s decision to return the seized property to…

2Cases cited13 opinions

  1. Commonwealth v. LandySuperior Court of Pennsylvania · 1976
  2. Commonwealth v. Two Electronic Poker Game MacHinesSupreme Court of Pennsylvania · 1983
  3. In re MagliscoSuperior Court of Pennsylvania · 1985
  4. Commonwealth v. FassnachtSuperior Court of Pennsylvania · 1977
  5. Fairmount Engine Co. v. Montgomery CountySuperior Court of Pennsylvania · 1938

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