No. 813 PHILADELPHIA, 1980 Appeal from an Order of March 7, 1980, in the Court of Common Pleas, Criminal Division, of Philadelphia County, No. 789-13714.
Jacob S. Richman, Philadelphia, for appellant.
Douglas B. Fox, Assistant District Attorney, Philadelphia, for appellee.
Hester, Johnson and Popovich, JJ. Johnson, J., concurs in the result.
[ 318 Pa. Super. Page 585]
This is an appeal from the Order of March 7, 1980, denying appellant's Petition for Reconsideration of Application for Return of Money.
The facts of the case are as follows:
On August 7, 1978, the Narcotics Unit of the Philadelphia Police Department, pursuant to a search warrant, searched the residence of Rochelle Spector, appellant's girlfriend, at 384 Tomlinson Place, Philadelphia, Pennsylvania. Appellant
[ 318 Pa. Super. Page 586]
was present with Rochelle Spector during the search and both were arrested and charged with various violations of the drug laws. Among the items seized by the police were $111,450.00 in cash, seven (7) pounds of marijuana and thirty-four (34) slips of paper containing writings and numerals.
Appellant was found not guilty of the various drug charges. He then petitioned the lower court for the return of the $111,450.00.
On March 21, 1979, a hearing was held regarding appellant's application. The testimony was as follows:
Sergeant Thomas Valenti testified that he had been assigned to the Narcotics Unit of the Philadelphia Police Department since October 28, 1970. He received formal training in drug trafficking and had conducted or supervised numerous investigations into marijuana trafficking. After reviewing the slips from this case, he testified, "These are the records, these are the records, from my experience, of someone doing multi-bundles (one bundle-25 pounds)". Valenti stated that he has seen such records kept in many drug cases. At the top of many of the slips was the word "Red" which referred to a type of marijuana. There were indications on the slips as to the amounts of money which had been paid. Many of the slips had names and numbers associated with them, such as "Ed; Jeff, 1 at 4-10, Mik, 2, 4-25." There was a line through the "4-25" ...