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08/07/2009

Alvarez v. Smith (Amicus)

The Legal Aid Society filed an amicus brief at the U.S. Supreme Court in opposition to the State of Illinois’s refusal to provide individuals whose property was seized by the police without a warrant with a speedy opportunity to contest the lawfulness of the seizure. In 2003, Legal Aid obtained a ruling from the Second Circuit that held that individuals have a constitutional right to a prompt post-seizure hearing in Krimstock v. Kelly. In our brief, we explained to the Court how the subsequent operation of New York’s vehicle retention hearing process confirmed the necessity of a prompt hearing to prevent the erroneous deprivation of property.