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Test to Determine Whether the Due Process Clause Requires a State or Local Government to Provide a Post Seizure Probable Cause Hearing Before Forfeiture Proceeding

Case Name: Culley v. Attorney General of Alabama (11th Cir. July 11, 2022, No. 21-13805), cert. granted 4/17/2023
Case #: 22-585
Last Updated: April 17, 2023

In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the “speedy trial” test employed in United States v. $8,850, 461 U.S. 555 (1983) and Barker v. Wingo, 407 U.S. 514 (1972), as held by the Eleventh Circuit or the three-part due process analysis set forth in Mathews v. Eldridge, 424 U.S. 319 (1976) as held by at least the Second, Fifth, Seventh, and Ninth Circuits.

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