Washington D.C. – The U.S. Supreme Court recently issued a 6-3 opinion in favor of Alabama Attorney General Steve Marshall, upholding the traditional law enforcement power to seize contraband and the proceeds and instrumentalities of crime. The case, Culley v. Marshall, saw Alabama Solicitor General Edmund LaCour arguing before the Supreme Court on October 30, 2023.
Attorney General Marshall expressed satisfaction with the Court’s decision, stating, “The U.S. Supreme Court affirmed our previous victories in these cases. Law enforcement officers across Alabama work hard every day to keep their fellow citizens safe while respecting their constitutional rights. And the Court confirmed that those rights were respected.”
The case involved two plaintiffs who had loaned their cars to individuals later arrested for possession of controlled substances. Alabama law permits the forfeiture of vehicles used to facilitate the transportation of controlled substances, provided proper process is followed. However, if the owner of a seized vehicle is found innocent at a hearing, the property is returned. Despite having access to the full protections of the judicial system within days, the plaintiffs argued for an additional hearing, asserting a constitutional right. Alabama contended that granting such a hearing would impede law enforcement activities and risk property being misused.
Justice Kavanaugh, writing for the majority, sided with Alabama’s interpretation of the Due Process Clause and affirmed the decision of the U.S. Court of Appeals for the Eleventh Circuit, effectively dismissing the case.
Attorney General Marshall extended his gratitude to the legal team involved in litigating these cases, spanning from the district court to the Supreme Court. This team included Solicitor General Edmund LaCour, Deputy Solicitor General Robert Overing, Assistant Chief Deputy Attorney General Brad Chynoweth, and Assistant Attorney General Brenton Smith.
