Commonwealth v. Hall (P)

The trial court erred in concluding that Code § 19.2-386.22(A) does not authorize the civil forfeiture of property used in a single episode of illegal drug distribution.

The undisputed facts proved that Hall’s one-time use of his pickup truck rendered it subject to civil forfeiture. Here, Hall transported himself and the drugs at issue to a parking lot, exchanging cash for the drugs, and left the scene of the crime while he was seated in his pickup truck. These facts prove by clear and convincing evidence that Hall used the pickup truck in substantial connection with the illegal distribution of a controlled substance. Because no other evidence was required, the trial court erred in declaring the vehicle not subject to forfeiture.

Reversed and remanded.

Commonwealth v. Hall (P), No. 180322, Feb. 21, 2019. SCV (Kelsey) from Montgomery (Turk).



Categories: Opinions, Published, Supreme Court of Virginia

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