ALVAREZ v. SMITH

No. 08-351.

130 S.Ct. 576 (2009)

558 U.S. 87

Anita ALVAREZ, Cook County State's Attorney, Petitioner, v. Chermane SMITH et al.

Supreme Court of United States.

Decided December 8, 2009.


Attorney(s) appearing for the Case

Paul Castiglione, Chicago, IL, for petitioner.

William M. Jay, for United States as amicus curiae by special leave of the Court, supporting petitioner.

Thomas Peters, Chicago, IL, for respondents.

Anita Alvarez, Cook County State's Attorney, Patrick T. Driscoll, Jr., Deputy State's Attorney, Chief, Civil Actions Bureau, Alan J. Spellberg, Paul A. Castiglione, Counsel of Record, Assistant State's Attorneys, Chicago, IL, for petitioner.

Thomas Peters, Attorney of Record, Kevin Peters, Mary Desloover, Chicago, IL, Craig B. Futterman, Richard Epstein, University Of Chicago Law School, Chicago, IL, for respondents.


Justice BREYER delivered the opinion of the Court.

We granted certiorari in this case to determine whether Illinois law provides a sufficiently speedy opportunity for an individual, whose car or cash police have seized without a warrant, to contest the lawfulness of the seizure. See U.S. Const., Amdt. 14, § 1; United States v. Von Neumann, 474 U.S. 242, 106 S.Ct. 610, 88 L.Ed.2d 587 (1986); United States v. $8,850,

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