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NCJ Number:	187401

Title:	No Instructions Required: Due Process and Post-Deprivation Remedies for Property Seized in Criminal Investigations

Journal:	Journal of Criminal Law & Criminology Volume:90 Issue:3 Dated:Spring 2000 Pages:1013-1045

Author(s):	Nyika Prendergast

Date Published:	2000

Annotation:	This note concerns due process and post-deprivation remedies for property seized in criminal investigations.

Abstract:	In City of West Covina v. Perkins, the United States Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment does not require law enforcement officers to give property owners notice of the State law remedies available to retrieve property lawfully seized in criminal investigations. The note argues that Perkins correctly rejected the Ninth Circuit's expansive notice requirement because it was unwarranted and unsupported by precedent. It further argues that the Court's decision will not have an adverse impact on future property deprivation cases if it is properly limited to seizures similar to those in Perkins. However, the note claims, the majority should have based its "notice of seizure" requirement, discussed in dicta, on the principles espoused by the Fourth Amendment's requirement for specific warrants and its guarantee against unreasonable seizures, rather than on the Due Process Clause of the Fourteenth Amendment. Notes

Main Term(s):	Courts

Index Term(s):	Bill of Rights; Constitutional Rights/Civil Liberties; Criminal investigation; Judicial decisions; Judicial process; Right to Due Process; Search and seizure; State laws; US Supreme Court decisions

Page Count:	33

Format:	Article

Type:	Issue Overview

Language:	English

Country:	United States of America



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