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U.S. v. 408 PEYTON ROAD, S.W., ATLANTA, GA.

No. 95-8330.

112 F.3d 1106 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. 408 PEYTON ROAD, S.W., ATLANTA, FULTON COUNTY, GEORGIA, Including all buildings and appurtenances thereon, described in Exhibit A attached, Defendant-Appellant, 451 Hope Court, S.W., Atlanta, Fulton County, Georgia, Including all buildings and appurtenances thereon, described in Exhibit B attached, Defendant, Robert Richardson, Claimant-Appellant, Carswell Denson, et al., Claimants.

United States Court of Appeals, Eleventh Circuit.

May 15, 1997.

Attorney(s) appearing for the Case

Jerome C. Ware, Ware & Otonicar, Atlanta, GA, for Appellant.

Earle Antoine Davidson, Giddens, Davidson & Mitchell, Atlanta, GA, for Claimants.

Albert L. Kemp, Jr., Assistant U.S. Attorney, Atlanta, GA, for Appellee.

Before COX and BLACK, Circuit Judges, and FAY, Senior Circuit Judge.

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 district

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