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COMMONWEALTH v. ONE 1963 CADILLAC (WATSON) (03/20/69)

decided: March 20, 1969.

COMMONWEALTH
v.
ONE 1963 CADILLAC (WATSON)



Appeal from order of Court of Quarter Sessions of Philadelphia County, July T., 1968, No. 1, in case of Commonwealth of Pennsylvania v. One 1963 Cadillac, 4 Door Hardtop (Irene Watson).

COUNSEL

William D. Harris, with him Klovsky, Kuby & Harris, for appellant.

I. Harry Checchio, Special Assistant Attorney General, with him Thomas J. Shannon, Assistant Attorney General, and William C. Sennett, Attorney General, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Montgomery, J., dissents. Dissenting Opinion by Hoffman, J. Dissenting Opinion by Spaulding, J.

Author: Per Curiam

[ 214 Pa. Super. Page 238]

Order affirmed.

Disposition

Order affirmed.

[ 214 Pa. Super. Page 239]

Dissenting Opinion by Hoffman, J.:

This is an appeal from an order of forfeiture of an automobile entered pursuant to the Liquor Code Act of April 12, 1951, P. L. 90, ยง 6-601, 47 P.S. 6-601.

On April 8, 1968, a Philadelphia patrolman stopped the automobile in question one hour after it had been observed by a Liquor Control Agent, being loaded with large paper bags while standing at the rear of a liquor store in Oaklyn, New Jersey. The policeman arrested the driver and asked if he could search the trunk of the car. She replied that she did not have the key with her. Thereupon, the policeman made an unsuccessful attempt to view the interior of the trunk by removing the back seat. Following this attempt, the car was taken to a police station. There, the police, ...


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