In Re: Smith, A.; Appeal of: Smith, A.

Summary

The Supreme Court of Pennsylvania held that, absent statutory authority to forfeit derivative contraband, a denial of a motion for return of property functions as a de facto forfeiture and therefore the property must be returned; it reversed the Superior Court and remanded for entry of an order restoring the firearm and magazines. Justice Wecht concurred in the result but disagreed with the majority’s de facto forfeiture characterization.