Under the 14th Amendment, "No state shall...deprive any person of...property, without due process of law." This principle was at the heart of the matter of the 2023 Supreme Court case of Culley v. Marshall, in which two women had respectively loaned their cars to others only to have the cars seized under an Alabama civil forfeiture law following each lendee's arrest for drug offenses. The petitioners claimed that, absent a preliminary hearing, their 14th Amendment rights had been violated. Justice Kavanagh wrote for the majority stating that “In civil forfeiture cases, the Due Process Clause requires a timely forfeiture hearing, but does not require a separate preliminary hearing.”
In this episode, Craig is joined by Attorney Kirby Thomas West from the Institute for Justice to discuss the recent SCOTUS decision in Culley v. Marshall. Craig & Kirby spotlight civil forfeiture and the potential impact of this ruling.