United States Second Circuit

Order providing that a New York City district attorney may unilaterally determine that a vehicle seized pursuant to a warrantless arrest should be retained as potential evidence for a criminal proceeding is vacated as due process requires review by a neutral fact-finder.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

• DENNIS JACOBS, Circuit Judge., Before:  JACOBS, POOLER, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas O'Brien, The Legal Aid Society, New York, New York, for Plaintiffs-Appellants.


• For Appellees:
  
• Robert Hettleman, Assistant District Attorney (Alan Gadlin, Assistant District Attorney, on the brief), New York, New York, for Defendants-Appellees.