The Legal Aid Society today filed an amicus brief in Culley v. Marshall, a pending United States Supreme Court case, in support of the plaintiff’s right for a speedy hearing to recover property — in this instance a vehicle — that was seized by law enforcement.

In 2002, Legal Aid’s Special Litigation Unit obtained a ruling in Krimstock v. Kelly that cemented a person’s right, if their vehicle had been seized by police, to appear before a judge and challenge the necessity of the continued impoundment of their vehicle while they awaited the case’s outcome.

“For nearly twenty years, Krimstock v. Kelly has corrected hundreds of instances of New York City’s unwarranted retention of vehicles and upheld our clients’ due process right to a prompt hearing after their property has been seized,” said Phil Desgranges, Supervising Attorney with the Criminal Defense Practice’s Special Litigation Unit at The Legal Aid Society.

“The state should never be able to deprive individuals of their property without speedy avenues for recovery. New Yorkers rely on their cars to get to work and to care for their families.” he continued. “The Supreme Court must not deprive thousands of people whose vehicles have been erroneously seized by police of their constitutional right to vindicate their property rights, and should instead reaffirm New York’s successful legal framework around post-seizure hearings.”

Culley v. Marshall, which is scheduled for arguments later this year, will determine whether a state or local government should be required to provide this hearing.