The exigent circumstances exception to the Fourth Amendment’s requirement for warrants does not support seizing a defendant’s property indefinitely while awaiting forfeiture proceedings, a federal appeals court has ruled.
The U.S. Court of Appeals for the Second Circuit, saying it was “troubled” that the government held William Cosme’s property for two years, remanded the case for a lower court to determine whether there was probable cause to seize his assets in the first place in United States v. Cosme, 14-1625-cr.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
