Police justified in retaining car connected to shooting.
The NYPD sought to retain possession of a car seized as an instrumentality of a crime. Respondent was in the car when he was arrested in connection with a shooting in Brooklyn along with two other men, and pled guilty to disorderly conduct. ALJ Alessandra Zorgniotti found the NYPD showed they had probable cause for the arrest, that respondent allowed his car to be used in conjunction with a crime, and that the threat to public safety justified the retention; respondent's testimony that his involvement was innocent was not credible.
Police Dep't v. Songui (in PDF), OATH Index No. 2420/10, mem. dec. (May 6, 2010).