COMMONWEALTH v. IRLAND

No. 32 MAP 2017.

193 A.3d 370 (2018)

COMMONWEALTH of Pennsylvania, Appellant v. Justen IRLAND; Smith and Wesson 9mm Semi-Automatic Pistol, Serial # PDW0493, Appellee.

Supreme Court of Pennsylvania.

Decided: September 21, 2018.


Attorney(s) appearing for the Case

Branden James Albaugh, Esq. , Philadelphia District Attorney's Office, for Pennsylvania District Attorneys Association, Amicus Curiae.

James Patrick Barker, Esq. , for Office of Attorney General, Amicus Curiae. Patrick Michael Hromisin, Esq. , Saul Ewing LLP, Martha Meredith Tack-Hooper, Esq. , ACLU Foundation, for American Civil Liberties Union of Pennsylvania, Amicus Curiae.

Susan Mon-Yi Lin, Esq. , for Institute for Justice, Amicus Curiae. Brian Ray Sinnett, Esq. , Daniel Stephen Topper, Esq. , Adams County District Attorney's Office, for Commonwealth of Pennsylvania, Appellant.

R. Seth Williams, Esq. , for Pennsylvania District Attorneys Association, Appellant Amicus Curiae.

Sean Alexander Mott, Esq. , Kristin Luene Rice, Esq. , Adams County Public Defender's Office, for Irland, Justen, Appellee.

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


OPINION

This case concerns whether a common law basis for the forfeiture of derivative contraband exists in Pennsylvania.

Appellee waved a handgun in the air during a road rage incident. Police officers responding to the scene detained Appellee and recovered a loaded, Smith & Wesson...

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