New York state prosecutors must make an ex parte showing to hold automobiles as evidence for use in a criminal trial, the 2nd Circuit has ruled. Prosecutors and defense lawyers described the ruling as the first to require the prosecution to justify to a judge the holding of a car as evidence. The ruling came in a long-running case that started with a 1999 decision to forfeit the automobiles of drivers arrested for driving while intoxicated as the instrumentalities of crimes.
September 20, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
New York state prosecutors must make an ex parte showing to hold automobiles as evidence for use in a criminal trial, a unanimous panel of the 2nd U.S. Circuit Court of Appeals ruled Friday.
Prosecutors and defense lawyers both described the ruling as the first to require the prosecution to justify to a judge the holding of a car as evidence.
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