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UNITED STATES v. JAMES DANIEL GOOD REAL PROPERTY

No. 92-1180.

510 U.S. 43 (1993)

UNITED STATES v. JAMES DANIEL GOOD REAL PROPERTY ET AL.

Supreme Court of United States.

Decided December 13, 1993.

Attorney(s) appearing for the Case

Edwin S. Kneedler argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Solicitor General Bryson, and Acting Assistant Attorney General Keeney.

Christopher J. Yuen argued the cause and filed a brief for respondents.*

KENNEDY, J., delivered the opinion for a unanimous Court with respect to Parts I and III, and the opinion of the Court with respect to Parts II and IV, in which BLACKMUN, STEVENS, SOUTER, and GINSBURG, JJ., joined. REHNQUIST, C. J., filed an opinion concurring in part and dissenting in part, in which SCALIA, J., joined, and in which O'CONNOR, J., joined as to Parts II and III, p. 65. O'CONNOR, J., p. 73, and THOMAS, J., p. 80, filed opinions concurring in part and dissenting in part.

JUSTICE KENNEDY delivered the opinion of the Court.

The principal question presented is whether, in the absence of exigent circumstances, the Due Process Clause of the Fifth Amendment prohibits the Government in a civil forfeiture case from seizing real property without first affording the owner notice and an opportunity to be heard. We hold that it does.

A second issue in the case concerns the timeliness of the forfeiture...

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