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

No. 95-8330.

162 F.3d 644 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. 408 PEYTON ROAD, S.W., ATLANTA, FULTON COUNTY, GEORGIA, including all buildings and appurtenances thereon, Defendant-Appellant, Robert Richardson, Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 8, 1998.


Attorney(s) appearing for the Case

Jerome C. Ware, Ware & Otonicar, Smyrna, GA, for Defendant-Appellant.

Earle Antoine Davidson, Giddens, Davidson & Mitchell, Atlanta, GA, for Claimant-Appellant.

Albert L. Kemp, Jr., Asst. U.S. Atty, Atlanta, GA, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.


BLACK, Circuit Judge:

At issue in the present appeal is whether predeprivation notice and a hearing must be provided when the Government executes a seizure warrant against real property, but chooses not to assert physical control. We hold 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. We further hold that in a case such as this one, where the...

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