Politico: Protesters unable to retrieve property seized during mass arrests, lawyers say
“The attorneys’ group says NYPD property seizures have been a problem for years — made worse by the coronavirus pandemic and resulting shutdowns, and further exacerbated by the chaos surrounding the protests. “The police have an incredible responsibility for safeguarding and accounting for people’s property. It’s a constitutional right that you can’t be deprived of…
Property Retrieval
In the wake of protests and increased police violence and misconduct, as well as the ongoing difficulties and office/court closures due to COVID-19, we know that many have been harmed when police officers seize or even lose track of essential property such as phones, keys, wallets, medication, and transportation including bicycles, scooters and cars. If…
In Justice Today: NYPD Agrees To New Rules Limiting Its Seizures of New Yorkers’ Property
“The settlement has far-reaching reforms that will require the NYPD and the Bronx DA to make significant changes to the way they handle these processes. When someone is arrested, they’re supposed to get a voucher indicating what property has been taken. That wasn’t happening on a regular basis, and now as part of this settlement,…
New York Law Journal: Accord Struck in Suit Over NYPD Withholding of Seized Property
“The New York City government has reached a settlement with plaintiffs attorneys in a suit challenging the police department’s retention of seized cash and property in criminal cases in which the city has agreed to implement a set of reforms.” The New York Law Journal covers our recent settlement in Encarnacion v. City of New…
Patch: NYPD Ordered To Make Retrieving Phones, Cash After Arrests Easier
“This dysfunctional and unconstitutional practice disproportionately harms the low-income communities that are targeted by broken windows policing and least able to afford these costly consequences.” Niji Jain, an attorney in our Impact Litigation Practice discusses how our settlement in Encarnacion v. City of New York will ensure that New Yorkers who have been arrested will no longer…
No Forfeiture-Database Backup With Millions on the Line, NYPD Admits
Courthouse News reports on the latest in BxD’s lawsuit challenging lack of transparency around NYPD property seizures and civil forfeitures. To read the full story, click here. To learn more about this litigation, visit our case page.
City Council To Force NYPD To Account For The Millions They Seize From Innocent NYers
“There has never been any vehicle for public accountability—the police department has vigorously resisted it. Finally, there will be some measure of accountability.”—Craig Levine, the policy director at The Bronx Defenders. Levine speaks with the Gothamist about the importance of the recent bill passed by the City Council that will require the NYPD to annually…
Bronx Defenders Applauds City Council Passage of Bill Requiring NYPD to Report on Seized Property Data
July 20, 2017, New York – In response to the passage of Intro 1000-B, a law requiring the NYPD to report on seized property data on an annual basis, The Bronx Defenders issued the following statement: “The passage of this bill marks an important victory for our clients and countless other New Yorkers disproportionately affected…
Judge Smacks NYPD For Its ‘Gotcha’ Tactics In Forfeiture Public Records Lawsuit
“New York’s court system is finally pushing back against the NYPD’s refusal to provide better accounting of its forfeiture programs.” Techdirt on the most recent development in our lawsuit challenging lack of transparency in NYPD property seizures. Read the article here. For more on the lawsuit, click here.
Judge Raps NYPD for ‘Gotcha’ Tactics in Civil Seizures
“Displeased by the New York City Police Department’s ‘troublesome’ litigation tactics, a state judge refused to dismiss a lawsuit seeking information on what happens to millions of ‘unclaimed’ dollars seized in civil forfeitures.” Courthouse News Service on the latest development in our lawsuit challenging lack of transparency in NYPD property seizures. Read the article here….
Bronx Defenders Asks NY Supreme Court to Compel NYPD to Produce Property Seizure Records
March 21, 2017, New York –The Bronx Defenders has asked the NY Supreme Court to compel the NYPD to appear at a hearing to explain its property seizure database and to produce internal records about policies and procedures involving millions of dollars in cash and property seized during arrests each year. The Bronx Defenders sued…
NYPD needs to come clean on seized property data
“Whether through litigation or legislation, New Yorkers must have access to full information regarding these practices. It’s time for the NYPD to open its books.” Adam Shoop, attorney in the Civil Action Practice at The Bronx Defenders, writes for amNew York on the need for transparency regarding NYPD property seizure practices. Read his op-ed here. For more…
Police Can Use a Legal Grey Area to Rob Anyone of Their Belongings
“When officers categorize wallets or cellphones as evidence, getting them back can be nearly impossible—even if the owner isn’t charged with a crime…” Great piece in The Atlantic on the NYPD’s use of civil forfeiture and The Bronx Defenders’ legal challenges to this and other property seizure practices by police. Read the article here. To…
The NYPD’s Civil Forfeiture System Has Taken Millions From Low-Income New Yorkers
“Just how common, and exactly how much money the NYPD is currently taking from low-income New Yorkers, is the basis of a lawsuit filed last week against the NYPD by the Bronx Defenders…” Read the article here. For more on the lawsuit, see our case page.
When the NYPD Keeps Your Property: Frequently Asked Questions About Civil Forfeiture
The NYPD regularly seizes cash, cellphones, cars, and other property during arrests. Property that is not contraband should be returned to its rightful owner when the case is dismissed or terminated unless the district attorney’s office can establish that the valuables are still needed as evidence for an appeal or another proceeding. In practice, something…
NYPD isn’t releasing info on civil forfeiture, which could bring them ‘tens of millions’ of dollars, suit says
“The NYPD is illegally refusing to disclose information on civil forfeiture, according to a lawsuit to be filed Thursday. The Bronx Defenders plan to file a Manhattan Supreme Court lawsuit that says the NYPD won’t provide requested information on policies and procedures involving cash and property seized during arrests — which could total “tens of…
Bronx Defenders Lawsuit Challenges Lack of Transparency in NYPD Property Seizures
Contact: media@bronxdefenders.org August 4, 2016, New York – Today, The Bronx Defenders filed a lawsuit in the Supreme Court of the State of New York against the New York Police Department, arguing the department has violated New York’s Freedom of Information Law (FOIL) by refusing to provide relevant information pertaining to its policies and procedures…
The Bronx Defenders v. NYPD
On May 30, 2018, the court approved a settlement secured with the NYPD requiring it to turn over detailed information — for the first time — about the millions of dollars of property it seizes during arrests. The settlement resulted from a New York State Freedom of Information Law (FOIL) lawsuit filed by The Bronx…
Bronx DA to launch new Property Release Unit to return confiscated property after criminal investigations
“The Bronx District Attorney’s office has agreed to several procedures that could speed up the return of property confiscated during criminal investigations, according to new court documents… The proposed changes were spurred by a federal lawsuit filed in January by The Bronx Defenders.” Read the article here. For more on the lawsuit, see our case page.
Bronx DA Agrees to Property Seizure Reforms in Response to Bronx Defenders Lawsuit
Contact: media@bronxdefenders.org July 26, 2016, New York – The City of New York and The Bronx Defenders have requested a six-month stay of the federal class action lawsuit Encarnacion v. City of New York after the Bronx District Attorney’s Office agreed to implement a series of reforms to ensure the NYPD promptly releases personal property…
NYPD faces class-action lawsuit over civil forfeitures from people arrested and later released
“The NYPD’s practice of refusing to release money and property allegedly tied to criminal activity is slated to become the subject of a federal class action lawsuit. A Bronx law firm, which sued the city in January over its civil forfeiture policy, amended the complaint Friday to add more plaintiffs who said they were unable…
Class-Action Lawsuit Will Challenge NYPD’s Use Of Civil Forfeiture To Rob Innocent New Yorkers
“Kaleb Hagos was arrested by police on September 23rd, 2015, and had $2,931.68 in cash confiscated, along with an iPhone he was carrying in his pocket. Since then, the case against him has been terminated, and his lawyers at the Bronx Defenders have repeatedly tried to retrieve his phone and money—but to date, the Bronx…
Lawsuit Challenges NYPD’s Policy of Unlawfully Keeping People’s Cash and Property
Contact: media@bronxdefenders.org The Bronx Defenders Seeks Class Cert. in Property Retrieval Suit June 3rd, 2016, New York – The Bronx Defenders filed an amended complaint today in Encarnacion v. City of New York, and will ask a federal judge to grant class certification in their lawsuit challenging the NYPD’s unconstitutional practice of retaining people’s property…
WNYC: Stop and Seize: When the NYPD Takes Your Cash
Last February, Harold Stanley was on his block one evening, in the Morrissania section of the Bronx. He decided to drive to McDonalds, and when he came back, sat in his parked car to eat. “Next thing I know somebody’s tapping on my window, telling me get out the car,” he said. “And I said…
NY Daily News: When cops just take your cash and car
An arcane 134-year-old process few New Yorkers have even heard of means the NYPD can take the possessions — cars, cash, computers — of anyone who gets stopped, even if it’s for jaywalking and even if that person never gets convicted or even charged. And because those so-called civil forfeiture proceedings are civil, New Yorkers…