§ 818-71. Warrantless seizures.

A. 

Upon making an arrest or upon issuing a summons or an appearance ticket for an offense, as defined herein, an officer shall seize such instrumentality. Said instrumentality may be forfeited as hereinafter provided.

B. 

Notice of seizure.

(1) 

The seizing agency shall send notification of the seizure to all titled owners and registrants, if different, on file with the New York State Department of Motor Vehicles or another state's equivalent office if not titled in New York by certified mail, return receipt requested, within five business days of the seizure. Such notification shall inform the recipient that there will be a hearing promptly scheduled before a neutral magistrate to determine whether probable cause existed for the defendant having been issued a summons or having been arrested for committing an offense, or in the event a person has fled the scene of an offense, leaving the vehicle behind, whether probable cause existed that the vehicle was used in the commission of an offense, and whether the County is likely to succeed on the merits of the forfeiture action, whether retention is necessary to preserve the vehicle from destruction or sale during the pendency of the forfeiture proceeding, and whether any other measures would better protect the County's interest during the proceedings, including, but not limited to:

(a) 

Issuance of a restraining order prohibiting the sale, transfer, or loss of the vehicle with imposition of appropriate penalties for violation of said restraining order; and/or

(b) 

Taking of a bond.

(2) 

When a hearing is held, the neutral magistrate shall review the documents or other evidence supporting the probable cause for the determination that an offense was committed and the vehicle was used in the commission of the offense, or for the issuance of a summons or arrest for an offense and any other relevant documents and take any testimony to determine whether the seizing agency has sustained its burden of proof as set forth in Subsection B(1) of this section. If the seizing agency has met its burden of proof, the neutral magistrate shall authorize the continued retention of the property by the seizing agency pending a judicial determination of any civil forfeiture action. Nothing herein shall be construed to preclude a party with a legal interest in the seized property from commencing an action or proceeding in a court of competent jurisdiction for its return.

(3) 

The Suffolk County Executive shall designate neutral magistrates to conduct hearings in accordance with Subsection B(2).

C. 

Any action for forfeiture under § 818-72 of this article shall be commenced, in the manner prescribed by New York Civil Practice Law and Rules § 304, within 180 days after the disposition of the summons or arrest for the offense, and in the instance where no summons or arrest was made, within the period consistent with the statute of limitations for the underlying offense, but in no event more than five years after seizure. Failure to commence such an action within the aforesaid time period shall result in the immediate return of the property to its lawful owner. The vehicle will be made available for release to the titled owner at the place of storage, subject to payment of reasonable and customary towing, maintenance and storage fees to the date of release. In the event of a failure to take possession of the vehicle within 60 days after actual notification or by certified mail, return receipt requested, sent to the address of the titled owner on file with the New York State Department of Motor Vehicles or another state's equivalent office, if not titled in New York, whichever date is earlier, the vehicle will be forfeited.