Legal Opinion
United States v. 408, Peyton Road, S.W.
Court of Appeals for the Eleventh Circuit
Decided May 15, 1997No. 95-8330PublishedCited by 7 opinions
1Opinion of the Court
BLACK, Circuit Judge:
At issue in the present appeal is whether predeprivation notice and a hearing must be provided when the Government executes an arrest warrant against real property, but refrains from asserting physical control. We conclude that the Due Process Clause of the Fifth Amendment mandates provision of such predeprivation procedures even when the seizure of real property is not physically intrusive. Accordingly, we reverse the dis trict court’s grant of summary judgment in favor of the United States.
I. BACKGROUND
On April 14,1993, the Government secured ex parte warrants…
2Cases cited11 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- United States v. JacobsenSupreme Court of the United States · 1984
- Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
- United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
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3Cited by7 opinions
- United States v. Land, Winston CountyCourt of Appeals for the Eleventh Circuit · 1998
- United States v. Property Identified as Lot Numbered 718District Court, District of Columbia · 1998
- United States v. Property Identified as Lot Numbered 718District Court, District of Columbia · 1997
- United States v. 408 Peyton RoadCourt of Appeals for the Eleventh Circuit · 1997
- United States v. Jackson County, ALCourt of Appeals for the Eleventh Circuit · 2001
2 more not listed; retrieve them via the Exa API.