The Supreme Court ruled against two women seeking immediate hearings to reclaim their property that was seized after crimes committed by other people.
women seeking immediate hearings to reclaim property that was seized from them after crimes committed by other people, a move that declines to set a new asset forfeiture standard.penned by Justice Brett Kavanaugh, the Supreme Court wrote that the due process clause requires timely forfeiture hearings but does not require a preliminary hearing, marking a blow to the plaintiffs in the case. The court was divided along ideological lines, with all six Republican-appointed justices in the majority.
Culley’s son was driving her 2015 Nissan Altima when police pulled him over and found marijuana, drug paraphernalia, and a loaded pistol in the car. In Sutton’s case, her friend was using her 2012 Chevrolet Sonic when police pulled him over for speeding and discovered methamphetamine in the car. The U.S. Court of Appeals for the 11th Circuit in the Culley and Sutton cases held that the “speedy trial” test, formed to resolve allegations of Sixth Amendment violations, applied and that due process is satisfied by the civil forfeiture process itself.
Sotomayor wrote that when a police officer has a “financial incentive” to hold on to a vehicle and an owner pleads innocence, the petitioners contend “a retention hearing at least ensures that the officer has probable cause to connect the owner and the car to a crime.” “Today, the Court holds that the Due Process Clause never requires that minimal safeguard,” Sotomayor added. “In doing so, it sweeps far more broadly than the narrow question presented and hamstrings lower courts from addressing myriad abuses of the civil forfeiture system.”
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