Krimstock created the due process right to appear before a judge in a proceeding to challenge the necessity of their seized car’s continued impoundment while they await the outcome of a civil forfeiture proceeding. The Legal Aid Society filed a class action lawsuit challenging the NYPD’s practice of withholding vehicles seized from individuals charged with driving while intoxicated, a misdemeanor, without providing a meaningful opportunity for return. The lawsuit was brought on behalf of a class of individuals whose vehicles were seized after they were arrested. At the time, New York City had a practice of retaining seized vehicles for extended periods, and many of our clients were forced to wait months or even years before regaining possession of their cars.

In 2002, the U.S. Court of Appeals for the Second Circuit ruled in our favor and created a new due process right, holding that individuals’ due process rights required a prompt post-seizure hearing to determine the validity of such deprivation. Today, this hearing is called a “Krimstock Hearing.”