Commonwealth v. Three Hundred Ten Thousand Twenty Dollars

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. This case presents to this court an issue of first impression, i.e., whether ion scan test comparisons involving multiple samples of seized money are sufficient in a forfeiture proceeding to establish a nexus between the seized money and illegal drug activity when less than all of the samples register drug residue levels above the relevant “casual contact” level. This case also represents the first time that ion scan test comparisons have been challenged as a method for determining whether there is a nexus between seized money and…