# Commonwealth v. One 1957 Plymouth Belvedere Sedan

> Superior Court of Pennsylvania · November 12, 1964 · 204 Pa. Super. 292

URL: https://www.frixlaw.com/law-library/cases/6284462

## Case

- **Full name:** Commonwealth v. One 1957 Plymouth Belvedere Sedan (McDowell)
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 12, 1964
- **Citations:** 204 Pa. Super. 292; 204 A.2d 489; 1964 Pa. Super. LEXIS 585
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Ervin
- **Judges:** Ervin, Flood, Montgomery, Rhodes, Watkins, Woodside, Wright
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6284462

## Opinion text

Opinion by
Ervin, J.,
This is an appeal by the Pennsylvania Liquor Control Board from the order of the court below denying the board’s petition for the forfeiture of a 1957 Plymouth Belvedere four-door sedan.
*293 The opinion of the court below clearly reveals that the forfeiture was refused because of the illegal seizure of the automobile by the police officers. In the case of Com. v. One 1958 Plymouth Sedan (McGonigle), 414 Pa. 540 , 201 A. 2d 427 , our Supreme Court held that the validity of the seizure is of no moment and that such illegal seizure would not preclude the civil proceeding for the forfeiture of the automobile. We will, therefore, remand this case to the court below so that it may exercise its discretion and determine, after hearing, whether the forfeiture should be allowed.
Eemanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6284462. Public record. Not legal advice.