Legal Opinion

Commonwealth v. 1997 Chevrolet & Contents Seized From Young

Supreme Court of Pennsylvania

Decided May 25, 2017No. Commonwealth, Aplt. v. 416 S. 62nd Street - No. 30 EAP 2015PublishedCited by 28 opinions

1Opinion of the Court

OPINION

JUSTICE TODD

The Eighth Amendment to the United States Constitution guarantees citizens protection against the government by limiting its power to punish. In this appeal by allowance, we consider, inter alia, the constitutional limitations on civil in rem forfeiture in Pennsylvania under the Excessive Fines Clause of the Eighth Amendment, 1 where the government attempts to seize through forfeiture a home and vehicle not based on any criminal conduct by the property owner—here, a 71-year-old grandmother—but upon the illegal conduct of a third party—her adult son. In doing so, we attempt…

2Cases cited51 opinions

  1. Austin v. United StatesSupreme Court of the United States · 1993
  2. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  3. United States v. BajakajianSupreme Court of the United States · 1998
  4. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
  5. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989

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3Cited by28 opinions

  1. Shoul v. Commonwealth, Department of Transportation, Bureau of Driver LicensingSupreme Court of Pennsylvania · 2017
  2. Commonwealth, Aplt v. Irland, J (Semi-Auto Pistol)Supreme Court of Pennsylvania · 2018
  3. Commonwealth v. DavisSuperior Court of Pennsylvania · 2017
  4. People ex rel. Hartrich v. 2010 Harley-DavidsonIllinois Supreme Court · 2018
  5. Com. v. $301,360.00 U.S. Currency and One 2011 Lexus RX350, VIN 2T2BK1BA48C081250 Appeal of: C. VasquezCommonwealth Court of Pennsylvania · 2018

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