Fuentes v. Shevin
Case Date: 07/22/1972
|
Fuentes v. Shevin, 407 U.S. 67 (1972) was a case decided by the Supreme Court of the United States wherein petitioners challenged the constitutionality of the Uniform Commercial Code provisions of two states, Florida and Pennsylvania, which allowed for the summary seizure of a person's goods or chattels under a writ of replevin. The statutes were challenged under the Fourteenth Amendment. The Court held that the statutes acted as deprivations of plaintiff's property without due process.
The Court noted that pre-trial seizure is acceptable only under limited circumstances:
1. The seizure is necessary for an important public or government interest.
2. There is a need for prompt action.
3. The seizure is conducted by an agent of the government.
These exceptions would apply (for example) when property is tainted food, misbranded drugs or unpaid taxes.
|