; or (BB) if the property was seized without a warrant described in subitem (AA), none of the exceptions described in subparagraphs (A) and (B) of section 981(b)(2) apply to the seizure of the property; and (II) if the party meets the requirements described in subsection (b), authorize counsel to represent the party or insure that the party is represented by an attorney for the Legal Services Corporation, as applicable, in accordance with that subsection; and (ii) the burden of proof is on the Government to establish that at the time the property was seized— (I) if the property was seized pursuant to a warrant described in the matter preceding subparagraph (A) of section 981(b)(2), the warrant was supported by probable cause; or (II) if the property was seized without a warrant described in subclause (I)— (aa) sufficiently detailed facts regarding the seizure of the property; and (bb) an exception described in subparagraphs (A) and (B) of section 981(b)(2) applies to the seizure of the property. (D) The magistrate judge shall enter an order for the immediate release of the seized property with prejudice to the right of the Government to commence a civil forfeiture proceeding at a later time if the magistrate judge finds that— (i) the requirements described in subparagraphs (A) through (E) of subsection (f)(1) are met; and (ii) the Government did not meet the burden of proof described in subparagraph (C)(ii). . 3. Representation Section 983(b) of title 18, United States Code, is amended— (1) in paragraph (1)(A), by striking judicial