Opn. No.

Charles V. Martabano, Esq. Village Attorney, Mount Kisco

You have asked whether the Village of Mount Kisco is authorized to retain money seized by the village police force pursuant to a search warrant.

You have indicated that a double homicide occurred in the Village of Mount Kisco on February 8, 1980. As part of the homicide investigation, the Mount Kisco police obtained a search warrant to search the apartment of one of the homicide victims who was a suspected narcotics dealer. The police found narcotics and cash totaling $244,560, most of which was in small denominations. The police…