Commonwealth v. Fontanez

OPINION

ZAPPALA, Justice.

The issue in this case is whether $2,650 that police seized from Efraim Fontanez, Appellant, should be returned to him or should remain in the possession of the government. For the reasons that follow, we find that the money must be returned to Appellant.

Appellant was driving through his Philadelphia neighborhood at 8:30 p.m. when a police officer stopped him for a traffic violation.1 As Appellant exited his car, the officer noticed an open paper bag containing money lying on the floor. The officer testified to being familiar with Appellant and his family and their…