Commonwealth v. Allen
2012 Pa. Commw. LEXIS 334
| Pa. Commw. Ct. | 2012Background
- Allen appeals the trial court’s dismissal of his Rule 588 motion to return $1,061 seized at his 2002 arrest on drug-related charges.
- Trial court held Allen waived his return claim because the motion was filed more than seven years after final disposition of the criminal case.
- The court also considered 42 Pa.C.S. § 5527(b)’s six-year limitation period applicable to the motion for return of property.
- Arrest occurred January 10, 2002; charges were withdrawn by nolle prosequi on November 8, 2002.
- Allen filed the Rule 588 motion on July 13, 2010; Commonwealth moved to dismiss on March 8, 2011; trial court dismissed April 28, 2011, and appeal followed.
- Judge Leavitt’s panel holds the motion untimely under a six-year limitations period and declined to follow Setzer; concludes the six-year period begins at case conclusion.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Allen’s Rule 588 motion timely under the six-year limit? | Allen argues Setzer does not apply because charges were nol pros. | Commonwealth relies on Setzer’s waiver rule. | Untimely under six-year limit; Setzer not controlling. |
| Does 42 Pa.C.S. § 5524(3) apply to a return-of-property motion? | Allen suggests § 5524(3) time applies. | § 5524(3) applies only to tort actions, not motions; not an action at law. | Inapplicable; Rule 588 is a proceeding, not an action. |
| When does the six-year limitations period begin for a return of property motion? | Allen’s filing should not be deemed untimely based on post-conviction timing. | Court should apply six-year period starting at conclusion of criminal case. | Six-year period begins at conclusion of the criminal case, including withdrawal, acquittal, or conviction. |
| Could other short deadlines (e.g., 2-year for forfeiture, or 2-year for civil penalties) govern this motion? | Argues alternative timelines may apply. | Not applicable; limitations either do not apply or do not fit “motion for return.” | Rejected; six-year residual period governs. |
Key Cases Cited
- Commonwealth v. Setzer, 258 Pa. Super. 236, 392 A.2d 772 (Pa. Super. Ct. 1978) (waiver rule for return of property; set where not raised in proceedings)
- In re One 1988 Toyota Corolla, 675 A.2d 1295 (Pa. Cmwlth. 1996) (civil‑in‑form, quasi‑criminal; return proceedings may occur separately)
- Commonwealth v. Landy, 240 Pa. Super. 458, 362 A.2d 999 (Pa. Super. Ct. 1976) (civil forfeiture context; quasi-criminal nature of proceeds)
- Commonwealth v. Perez, 941 A.2d 778 (Pa. Cmwlth. 2008) (civil forfeiture context; property not forfeited as result of conviction)
- Commonwealth v. 542 Ontario Street, Bethlehem, PA, 989 A.2d 411 (Pa. Cmwlth. 2010) (affirming civil forfeiture of home even with acquittal)