Vehicle Retention
ALJ recommends return of car based on failure to serve timely notice of
right to hearing.
The Police Department sought to retain a car they seized in connection
with an arrest. ALJ Astrid B. Gloade found that the Department had failed
to provide the respondent with notice of his hearing rights in compliance
with a federal court order. ALJ Gloade found that this omission required
the return of the car and ordered it released to the owner pending final
judgment in a civil forfeiture action and resolution of the criminal charges.
Police Dep't v. Blackwell (in PDF), OATH Index No. 164/13, mem. dec. (Aug. 21, 2012).