American Acceptance Corporation of SC v. John Gietz, et al.

In City of West Covina v. Perkins, 525 U.S. 234, 240 (1999), this Court held that “when law enforcement agents seize property pursuant to warrant, due process requires them to take reasonable steps to give notice that the property has been taken so the owner can pursue available remedies for its return.” The Respondents seized two motorcycles in which the Petitioner holds recorded security interests for a criminal investigation and took no steps to notify the Petitioner that the property had been taken. The seizures constituted incidents of default entitling the Petitioner to immediate possession. The Fourth Circuit did not hold that the Respondents’ failure to take steps to provide notice violated the Petitioner’s right to due process but instead held that because the motorcycles were seized in compliance with the Fourth Amendment and retained as evidence in a criminal investigation, “no further process was due” to the Petitioner. The questions presented are:

1. Does law enforcement’s failure to take steps to provide notice of seizure shortly following seizure of property violate owners’ rights to due process?

2. Does a seizure comply with the Fourth Amendment when law enforcement takes no steps to inform owners of seized property of the seizures?