Commonwealth v. $11,600.00 Cash, U.S. Currency

Senior Judge KELLEY,

dissenting.

In regard to the majority’s interpretation of Commonwealth v. Marshall, 548 Pa. 495, 698 A.2d 576 (1997), and in regards to that precedent’s application to the substantively identical facts of the instant matter, I respectfully dissent.

The majority’s analysis of Marshall centers completely and solely on the quality of the evidence linking the cash to past drug activity — namely, in Marshall only a drug dog’s alert connected the cash to prior drug activity, while in the instant matter, significant objective clinical evidence, and expert testimony, established…