City of West Covina v. Lawrence Perkins et al. (525 U.S. 234)

U.S. Supreme Court · decided January 13, 1999 · Supreme Court Database (Spaeth)

Citation
525 U.S. 234 · 119 S. Ct. 678
Decided
January 13, 1999
Term
October Term 1998
Vote
9–0
Majority author
Justice Kennedy
Issue area
Due Process
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice Kennedy delivered the opinion of the Court. We granted certiorari, 523 U. S. 1105 (1998), to consider in this case whether the Constitution requires a State or its local entities to give detailed and specific instructions or advice to owners who seek return of property lawfully seized but no longer needed for police investigation or criminal prosecution. Interpreting the Due Process Clause of the Fourteenth Amendment, the Court of Appeals for the Ninth Circuit imposed a series of specific notice requirements on the city responsible for the seizure. We conclude these requirements are not mandated by the Due Process Clause, and we reverse. I The case began when police officers of petitioner, the city of West Covina, California (City), acting in accordance with law and pursuant to a valid search warrant, seized personal property. The property belonged to the owner of the searched home, respondent Lawrence Perkins, and to his family. The suspect in the crime was neither Perkins nor anyone in his family, but one Marcus Marsh. Marsh had been a boarder in the Perkins’ home. After leaving their home, and unknown to them, he became the subject of a homicide investigation. During the search of respondents’ home for evidence incriminating Marsh, the police seized a number of items, including photos of Marsh, an address book, a 12-gauge shotgun, a starter pistol, ammunition, and…

Excerpt of a 19,056-character opinion. The full text and citation network load in the interactive viewer above.

← Back to the decisions database