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COM. OF PA v. MARSHALL

548 Pa. 495 (1997)

698 A.2d 576

COMMONWEALTH of Pennsylvania, Appellee, v. Floyd MARSHALL, Appellant.

Supreme Court of Pennsylvania.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Howard H. Brown, David M. McGlaughlin, Philadelphia, for appellant Floyd Marshall.

Jerome T. Foerster, Harrisburg, Robert A. Graci, Harrisburg, for appellee Commonwealth.

Before FLAHERTY, C.J. and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION

NIGRO, Justice.

Appellant Floyd Marshall appeals from the Commonwealth Court's affirmance of the trial court's denial of his motion for the return of $3,400.00 in U.S. currency that had been seized and forfeited to the Commonwealth. For the reasons presented herein, we reverse.

On August 10, 1993, Appellant was asleep in the back seat of a car that was stopped for speeding by State Police Trooper Ryan Hutchinson. After approaching...

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