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COMMONWEALTH v. $34,440.00 U.S. CURRENCY

No. 102 MAP 2016.

174 A.3d 1031 (2017)

COMMONWEALTH of Pennsylvania v. $34,440.00 U.S. CURRENCY. Appeal of: Rafael Falette.

Supreme Court of Pennsylvania.

Decided: December 19, 2017.

Attorney(s) appearing for the Case

Jennifer Anne Peterson, Esq. , Pennsylvania Office of Attorney General, Joshua D. Shapiro, Esq. , for Commonwealth of Pennsylvania, Appellee.

Brandon Robert Reish, Esq. , for Rafael Falette, Appellant.

Heather F. Gallagher, Esq. , for Pennsylvania District Attorney's Association, Amicus Curiae.

Patrick Michael Hromisin, Esq. , Saul Ewing LLP, for ACLU of Pennsylvania, Amicus Curiae.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this discretionary appeal, we consider the burdens of proof applicable in civil in rem forfeitures of currency under Pennsylvania's Controlled Substances Forfeiture Act ("Forfeiture Act"), 42 Pa.C.S. §§ 6801-6802 (repealed), which, inter alia, provides that money is...

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