Legal Opinion

Commonwealth v. 542 Ontario Street, Bethlehem

Commonwealth Court of Pennsylvania

Decided February 17, 2010No. 1657 C.D. 2008PublishedCited by 15 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

In this appeal from an order for forfeiture of real estate, we face an unusual question: where an owner of property is acquitted of drug-related criminal charges, what standard, if any, should be used in assessing whether a subsequent civil forfeiture constitutes an impermissible excessive fíne?

In particular, Freddie Bias appeals from an order of the Court of Common Pleas of Northampton County (trial court) that granted a petition filed by the Commonwealth seeking forfeiture of certain real property he owned. We affirm.

I. Background

Bias was the owner of property…

2Cases cited18 opinions

  1. Iannelli v. United StatesSupreme Court of the United States · 1975
  2. United States v. BajakajianSupreme Court of the United States · 1998
  3. Commonwealth v. MillerSupreme Court of Pennsylvania · 1976
  4. Commonwealth v. DavalosSuperior Court of Pennsylvania · 2001
  5. Commonwealth v. Real Property & Improvements Commonly Known as 5444 Spruce StreetSupreme Court of Pennsylvania · 2003

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3Cited by15 opinions

  1. Commonwealth v. 1997 Chevrolet & Contents Seized From YoungSupreme Court of Pennsylvania · 2017
  2. Commonwealth v. All That Certain Lot or Parcel of Land Located at 605 University DriveSupreme Court of Pennsylvania · 2014
  3. Commonwealth v. 1997 ChevroletCommonwealth Court of Pennsylvania · 2014
  4. Commonwealth v. AllenCommonwealth Court of Pennsylvania · 2012
  5. Commonwealth v. 2010 Buick Enclave VIN GALRBED8J122029Commonwealth Court of Pennsylvania · 2014

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