Common Law Forfeiture • Forfeiture of Derivative Contraband in Absence of Statutory Authority

Commonwealth v. Irland, PICS Case No. 17-0091 (Pa. Commw. Jan. 13, 2017) McCullough, J. (32 pages).

The commonwealth could not enact forfeiture of derivative contraband in the absence of statutory authority where the English common law doctrine of forfeiture had been explicitly rejected by Pennsylvania and the other states. Order of the trial court vacated.