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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Krimstock v. Kelly- New York City Forfeiture Statute Violates Due Process by Failing to Provide Post-seizure Hearing (U.S. Second Circuit Court of Appeals)

  • Organization: U.S. Court of Appeals, 2nd Circuit
  • Document Type: Case law/admin decisions
  • Date Created: Wednesday, September 18, 2002
  • Submitted: Tuesday, October 04, 2005
  • Attachment(s): LINK

Findlaw link to full-text of Second Circuit decision in Krimstock v. Kelly, where the second circuit ruled that New York City Forfeiture statute violates Due Process by failing to provide post-seizure hearing.

Case was brought by seven vehicle-owners whose cars were seized after plaintiff's respective arrests. None of the vehicles were seized as "evidence" but as "instrumentalities of the crime" and so that forfeiture proceedings could begin against the Plaintiffs. The district court dismissed the action on the ground that probable cause to arrest infers probable cause to seize and impound a vehicle. The 2nd Circuit Court of Appeals reversed the decision, holding that probable cause requires a prompt hearing post-seizure and pre-judgment before a neutral fact-finder to determine whether the city is likely to succeed on merits in a forfeiture action.