Commonwealth v. Allen
Supreme Court of Pennsylvania
1Opinion of the Court
OPINION
Justice BAER.
Nearly eight years after criminal charges against him were dismissed, Todd Allen (Appellee) moved for the return of *711property seized from the vehicle he was driving at the time of his arrest pursuant to Rule 588 of the Pennsylvania Rules of Criminal Procedure. The trial court, applying Commonwealth v. Setzer, 258 Pa.Super. 236, 392 A.2d 772 (1978), and Commonwealth v. One 1990 Dodge Ram Van, 751 A.2d 1235 (Pa.Cmwlth.2000), found that Appellee’s claim was waived because it had not been raised before the trial court that had jurisdiction over the criminal case against him.…
2Cases cited13 opinions
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