PD not entitled to retain van.
ALJ Spooner ordered the release of a van used by its owner to sell counterfeit merchandise. While the Department established the first two prongs of the Krimstock Order, that probable cause existed for the arrest and the vehicle was used as an instrumentality of a crime, it failed to establish that releasing the vehicle would pose a heightened risk to public safety.
Police Dep't v. Jaber, OATH Index No. 2415/09, mem. dec. (Mar. 10, 2009).