Chair Abreu asks NYPD to describe seizure process

Can you describe NYPD's seizure process from beginning to end?

For example, how is the determination to confiscate a device made?

I think you were getting into that, Chief Abbe, earlier in your testimony.

Where is the device taken?

And when and how is the device destroyed?

And does the writer have any opportunity to appeal or retrieve their device?

Walk me through the beginning on the decision-making to confiscate.

Where the device is taken, and when and how the device is destroyed.

Sure.

So, and building off of what Chief Obey was saying a moment ago, So the initial seizure may happen for a variety of reasons.

different reasons and that will affect a little bit the path this takes, right?

So it could be because it's being used in connection with a felony or misdemeanor and we do see that sometimes.

It could be seized pursuant to the administrative code, that's 19-176.2D, as a motorized scooter.

When it's being used in a dangerous manner.

It also may be seized as an unregistered motor vehicle under the VTL.

So when that happens, the device is going to be taken initially to the precinct of occurrence, right?

There it's going to be vouchered.

Dodger saying, you know, where the device was taken from, and assuming we know who it was taken from.

It'll be stored initially at the command.

At some point, it may be transported to a property clerk facility.

That typically would be the pound.

Now, in terms of the process after that, so the question is going to be if we get a request

to return it or we don't get a request for return.

That will take different paths.

So let's assume no request is ever made to get the device back.

It will be held, if it was taken as arrest evidence in connection with a felony,

felony or misdemeanor, we'll wait till the termination of the underlying criminal matter, plus 151 days.

Otherwise, if it was seized pursuant to that admin code provision I mentioned, or essentially pursuant to the VTL, 90 days.

If after that time period, no one's claimed it, it's gonna be destroyed, right?

If someone is coming to request the return of a device, so if it was seized as arrest evidence, obviously it's going to wait until the underlying matter is resolved.

The person has to bring proof of adjudication.

Let's say it was a criminal summons.

If it's under the admin code of the VTL,

Again, assuming that there was, you know, you're going to have either an oath summons or it could be a B summons.

The summons has to be adjudicated.

The person comes to the command with evidence of the adjudication.

And then the last point I want to make is that depending on the situation, right, if you have something that is an unauthorized motor vehicle, right, you can't just ride it away because you can't ride it on the streets of New York.

So in that situation, the person either has to get, you know, they have to show up with the relevant license and registration, right?

Or they come with like a flatbed truck, they can put it on the truck.

But we can't let someone ride away in a device that's unlawful to ride on the streets of New York City.

Thank you.