SUGALSKI v. COCHRAN


365 Pa.Super. 370 (1987)

529 A.2d 1104

Laura L. SUGALSKI, Charles E. Roop, Sr., Charles E. Roop, Jr., v. Jay COCHRAN, Jr., Commissioner, Pennsylvania State Police, Appellant.

Supreme Court of Pennsylvania.

Filed August 10, 1987.


Attorney(s) appearing for the Case

Richard W. Sponseller, Deputy Attorney General, Harrisburg, for appellant.

Roger B. Reynolds, Norristown, for Sugalski, appellee.

Allan J. Josel, Assistant Public Defender, Norristown, for Roop, Sr., appellee.

Before OLSZEWSKI, DEL SOLE and HOFFMAN, JJ.


HOFFMAN, Judge:

This is an appeal from the lower court's order granting appellee's petition for return of property. Appellant contends that the lower court erred because the evidence was sufficient to establish that the seized property was derivative contraband and, thus, unlawfully possessed by appellee. After a careful review of the record, the briefs submitted by the parties and the lower court's opinion, we find that the appellant did not meet its burden of proof...

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