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Appeals argument probes procedure for property forfeiture and scope of ‘public interest’ under G.L. c.276
Summary
Commonwealth v. Robert Iverson — Appellate argument centered on statutory procedure and the scope of discretionary forfeiture under G.L. c.276 after a guilty plea to firearms offenses.
Commonwealth v. Robert Iverson — The Appeals Court heard extended argument over statutory procedure and discretionary forfeiture of non-firearm items after Robert Iverson pleaded guilty to multiple firearms offenses. Appellant’s counsel argued that the trial court failed to afford statutory and constitutional procedural safeguards described in recent Supreme Judicial Court guidance (Commonwealth v. James) — including adequate advance notice and a show-cause process — and that forfeiture of items not described in the warrant (and not inherently contraband) exceeded the court’s discretion.
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