Fuentes v. Shevin

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.

See also

(https://en.wikipedia.org/w/index.php?title=Fuentes_v._Shevin&action=edit&section=1 "Edit section: See also")

• _Kahn v. Shevin _, 416 U.S. 351 (1974)
• _Nebraska v. One 1970 2-Door Sedan Rambler (Gremlin) _, Nebraskan case that cited this

External links

(https://en.wikipedia.org/w/index.php?title=Fuentes_v._Shevin&action=edit&section=2 "Edit section: External links")

• Text of Fuentes v. Shevin, U.S. 67 (1972) is available from: Google Scholar Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

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