End date 1972 | ||
Full case name Fuentes v. Shevin, Attorney General of Florida, et al. Citations 407 U.S. 67 (more)
92 S. Ct. 1983; 32 L. Ed. 2d 556; 1972 U.S. LEXIS 42; 10 U.C.C. Rep. Serv. (Callaghan) 913 Majority Stewart, joined by Douglas, Brennan, Marshall Dissent White, joined by Burger, Blackmun Ruling court Supreme Court of the United States Similar Goldberg v Kelly, Pennoyer v Neff, World‑Wide Volkswagen Corp v, Burnham v Superior Court of, Goss v Lopez | ||
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 seizure without notice and the opportunity for a hearing 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, and
3. The seizure is initiated by an agent of the government.
These exceptions would apply (for example) when property is tainted food, misbranded drugs or unpaid taxes needed to fund a war.