Legal Opinion

Commonwealth v. $9,847.00 U.S. Currency

Supreme Court of Pennsylvania

Decided December 24, 1997No. 17 M.D. Appeal Docket 1995PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue in this case is whether the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a constitutional right to the appointment of counsel in civil forfeiture proceedings brought under the Controlled Substances Forfeitures Act.1 Because civil forfeiture does not implicate a person’s liberty interest and only implicates a person’s property interest, we hold that there is no right to appointment of counsel in civil forfeiture proceedings.

The record indicates that in November of 1989, Pennsylvania State Police…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  4. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  5. May v. AndersonSupreme Court of the United States · 1953

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3Cited by17 opinions

  1. Commonwealth v. $6,425.00 Seized from EsquilinSupreme Court of Pennsylvania · 2005
  2. Boniella v. CommonwealthCommonwealth Court of Pennsylvania · 2008
  3. Commonwealth v. All That Certain Lot or Parcel of Land Located at 605 University DriveSupreme Court of Pennsylvania · 2014
  4. State v. $1,010.00 IN AMERICAN CURRENCYSouth Dakota Supreme Court · 2006
  5. Commonwealth v. Real Property & Improvements at 2338 N. Beechwood StreetCommonwealth Court of Pennsylvania · 2013

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