Commonwealth v. Hall

The Supreme Court reversed the decision of the trial court denying an information for the forfeiture of a vehicle used by Defendant during a sale of illegal drugs, holding that the trial court incorrectly interpreted Va. Code 19.2-386.22(A), the applicable civil forfeiture statute.Specifically, the trial court held that section 19.2-386.22(A) does not authorize the forfeiture of property used in a single episode of illegal drug distribution, and therefore, Defendant’s one-time use of his pickup truck to sell illegal drugs did not render it subject to civil forfeiture. The Supreme Court disagreed, holding (1) civil forfeiture under section 19.2-386.22(A) does not require a certain number of uses but instead requires that the vehicle be used in substantial connection with illegal drug activity; and (2) the undisputed facts proved by clear and convincing evidence that Defendant used the pickup truck in substantial connection with the illegal distribution of a controlled substance. View "Commonwealth v. Hall" on Justia Law