Do you have a right to a prompt hearing after the government seizes your property? The U.S. Supreme Court will consider the question in its upcoming term.
The Supreme Court has agreed to hear Culley v. Attorney General of Alabama, two consolidated cases concerning whether property owners have a due process right to a hearing to determine if police had probable cause to seize their property.
The issue may seem esoteric, but it’s hugely important to people who have their property seized by police under civil asset forfeiture laws. Under civil asset forfeiture laws, police can take property suspected of being connected to criminal activity even if the owner hasn’t been charged with a crime. Property owners then often have the burden of going to court and proving their innocence, a process that can take months and sometimes years.
Hellbound and Down 