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COMMONWEALTH PENNSYLVANIA VS JOHN RANDLE (05/09/79)

SUPERIOR COURT OF PENNSYLVANIA


May 9, 1979

COMMONWEALTH OF PENNSYLVANIA VS JOHN RANDLE, APPELLANT

No. 64 March Term, 1978, Appeal from the Order of the Court of Common Pleas of York County, at No. 1147 August Session, 1975.

Before Van Der Voort, Watkins, And Lipez, JJ.

Per Curiam:

Order affirmed.

MEMORANDUM IN SUPPORT OF PER CURIAM ORDER:

Appellant appeals the lower court's refusal to return confiscated money to him. At a hearing on appellant's Application for Return of Property Pursuant to Pa. R.C.P. 324, a police officer testified that appellant stated to him, after proper Miranda warnings had been given, that the confiscated money had come from the sale of illegal drugs. The lower court properly admitted the testimony of the police officer, and properly found that the money in question was "derivative contraband." See Commonwealth v. Landy, 240 Pa. Superior Ct. 458 (1976).

Appellant also argues that the lower court erred in refusing to return the money to appellant, since the Commonwealth had filed no forfeiture proceedings. This argument is answered by Pa. Rule of Crim. Proc. 324(b), which provides that the judge hearing an application or motion for return of property may order the property to be forfeited if he determines that the property is contraband. No forfeiture proceedings need be instituted separately by the Commonwealth if the defendant has filed an application under Rule 324.

Affirmed.

19790509

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