Supreme Court of Pennsylvania

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

May 27, 2026

Summary

The Supreme Court of Pennsylvania reversed the Superior Court and remanded, holding that when the Commonwealth lacks statutory authority to forfeit seized property, a denial of a motion for return of property operates as a de facto forfeiture and the property must be returned. Justice Wecht concurred in the result but disagreed with the majority’s characterization of the denial as a de facto forfeiture.