In One 1958 Plymouth Sedan v. Pennsylvania (380 U.S. 693, 699, 85 S. Ct. 1246, 14 L. Ed. 2d 170 [1965]), the Supreme Court announced the following test: If mere possession of the contraband constitutes a crime, then repossession of such per se contraband would subject the possessor to additional criminal penalties. Return of such contraband would obviously frustrate the express public policy against the possession of such objects (see Sea Lar Trading Co. v. Michael, 94 AD2d 309, 315-316, 464 N.Y.S.2d 476 [1983]). A distinction has been made between confiscated property which is per se contraband and that which is merely "derivative contraband". The former category includes such patently illegal items as narcotics, gambling apparatus and the paraphernalia used to make bootleg alcohol. In the latter category are such ostensibly innocent items as cash or an otherwise legal automobile which happened to have been used for illegal purposes.