Court of Appeals of New York
Property Clerk of the Police Dep't of the City of New York v. Harris, No. 138
The N.Y.P.D. is not required to prove at a post-seizure retention hearing that the co-owner of a seized vehicle is not an "innocent owner" when trying to impound a vehicle during the pendency of a civil forfeiture proceeding. However, due process does require that an innocent co-owner be given an opportunity to demonstrate that his/her present possessory interest in a seized vehicle outweighs the City's interest in continuing impoundment.
Appellate Information
- Decided 11/19/2007
- Published 11/19/2007
Judges
Court
- Court of Appeals of New York