December 12, 1980
COMMONWEALTH OF PENNSYLVANIA, APPELLANT
No. 2164 October Term, 1977, Appeal from an Order of the Court of Common Pleas of Philadelphia County, Criminal Division, Nos. 77-00-3996 & 7701-3573.
Before Hester, Wickersham and Lipez, JJ. Wickersham, J. files a Dissenting Statement.
WICKERSHAM, J. files a Dissenting Statement.
I would find under the facts of this case that the property sought was contraband per se, the mere possession of which constitutes a crime. I would find that the lower court erred in ordering the return of the subject motor vehicle with altered and missing serial numbers. I would reverse.
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