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.
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