Prior Notice And A Hearing Are Required

1993

Four years after police found drugs and drug paraphernalia in a man’s home and he pleaded guilty to drug offenses under Hawaiian law, the federal government files a request to take his house and land because it had been used to commit a federal drug offense. Following an ex parte proceeding (in which only the prosecution participates), a judge authorizes the property’s seizure without prior notice to the individual. The Supreme Court, in United States v. James Daniel Good Real Property, rules that the property owner was entitled to advance notice and a full hearing before the government could take his home and land.