The Pennsylvania Supreme Court has agreed to hear argument in a case that could further narrow the scope of civil asset forfeiture by limiting its application based on evidence that already is part of the record.

In Commonwealth v. $34,440 U.S. Currency, the justices said Oct. 13 they would review whether the “substantial nexus” between property and the sale of drugs, which is required in a forfeiture, can be overcome without forcing individuals to prove they are the property’s “innocent owner.” The justices also said they would review whether a lack of evidence linking seized cash to the sale of drugs is enough to invalidate a forfeiture.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]