HI: Two year delay between seizure and attempted forfeiture of gambling devices violated statute and was unreasonable

Two year delay between seizure of gambling machines under a warrant and initiating forfeiture proceedings was unreasonable. “In conclusion, the failure of HPD and the Prosecutor to comply with the twenty day and forty-five day statutory deadlines contained in HRS §§ 712A-7 and 712A-9 applicable to seizure of Petitioner’s property require its return.” The 2017 appellate court order is reversed. Alm v. Eleven (11) Prods. Direct Sweepstakes Machs., 2021 Haw. LEXIS 280 (Dec. 22, 2021) (talk about lack of timeliness).

Officers had reasonable suspicion to talk to defendant about being a shooter or witness to it. When they arrived to the shots fired call, he saw them and ran, and he was the only one around. The fact this was a high crime area isn’t even considered. He tossed a gun in flight. Suppression order reversed. Commonwealth v. Jackson, 2021 PA Super 253, 2021 Pa. Super. LEXIS 742 (Dec. 22, 2021).*

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