Commonwealth v. Brown

The defendant, Bruce Brown, challenges an order entered in the Boston Municipal Court Department pursuant to G. L. c. 94C, § 47 {b), ordering the forfeiture of $142, money attributable to the sale of controlled substances as provided in G. L. c. 94C, § 47 (a) (5). We transferred his appeal to this court on our own motion.

Brown, as claimant of the money, argues that the Commonwealth failed to meet its initial burden under G. L. c. 94C, § 47, of showing probable cause to institute the forfeiture proceeding, and that the allocation to him of the burden of proof in the statute violates the due…