Legal Opinion

Krimstock v. Kelly

District Court, S.D. New York

Decided August 15, 2007No. 99 Civ. 12041(HB)PublishedCited by 11 opinions

1Opinion of the Court

OPINION & ORDER

HAROLD BAER, JR., District Judge.

Plaintiff class in this long-running litigation challenges the constitutionality of the seizure and detention of vehicles by the City of New York. This action was remanded by the Second Circuit to this Court on September 15, 2006 to determine the procedures by which a district attorney may apply to retain, as evidence in a criminal proceeding, a vehicle seized pursuant to a warrantless arrest. See Krimstock v. Kelly, 464 F.3d 246 (2d Cir.2006) (“Krim-stock III ). 1

The Amended Order of this Court of December 2, 2005 that governs such procedures…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  4. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  5. Marshall v. Jerrico, Inc.Supreme Court of the United States · 1980

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3Cited by11 opinions

  1. Ferrari v. County of SuffolkDistrict Court, E.D. New York · 2011
  2. Ezagui v. City of New YorkDistrict Court, S.D. New York · 2010
  3. Reyes v. County of SuffolkDistrict Court, E.D. New York · 2014
  4. DeCastro v. City of New YorkDistrict Court, S.D. New York · 2017
  5. Fasciana v. County of SuffolkDistrict Court, E.D. New York · 2014

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