Lee v. Commonwealth of Virginia

In this appeal of a civil action for forfeiture initiated pursuant to Code § 18.2-249, we consider whether there is a “substantial connection” between the forfeited items and illegal drug activity. ■

The Commonwealth initiated this proceeding by filing an information for forfeiture against Herbert Lee, Pamela Denise Montague, $2,881 in United States currency, and a 1987 Nissan Pathfinder. The Commonwealth alleged that the currency and the vehicle were items “used in substantial connection with or exchanged for, or traceable to an exchange for . . . cocaine.” Lee and his sister, Montague,…