Fell v. Armour

I concur in the Court’s conclusion that the Act in question violates the Constitution of the United States because the post-seizure procedures prescribed by the Act fail to meet the standards of the Fourteenth Amendment. I believe, however, that the pre-seizure provisions of the Act are also constitutionally impermissible, and I must, therefore, respectfully dissent from the conclusion that due process protections do not apply to such provisions.

Specifically, I believe that the Constitution prohibits the warrantless seizure, not incident to an arrest, of a vehicle and requires provisions for…