United States v. Cosme, No. 14-1625 (2d Cir. 2015)
Annotate this CaseDefendant challenged the government's restraint of his property, including his cars and two bank accounts, during his prosecution on wire fraud charges. The court found merit in defendant's claim that his Fourth Amendment rights were violated because the government seized his assets without seeking a warrant, and that there has been no judicial finding as to whether probable cause supports the forfeitability of the seized assets. The court held that exigent circumstances do not support the government’s indefinite seizure in the absence of a warrant and, therefore, the court vacated the district court's denial of defendant's motion to vacate the order and remanded for the district court to determine whether probable cause supports the forfeitability of defendant's assets.
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