City of West Covina v. Perkins

525 U.S. 234, 119 S. Ct. 678, 142 L. Ed. 2d 636, 1999 U.S. LEXIS 507
CourtSupreme Court of the United States
DecidedJanuary 13, 1999
Docket97-1230
StatusPublished
Cited by206 cases

This text of 525 U.S. 234 (City of West Covina v. Perkins) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of West Covina v. Perkins, 525 U.S. 234, 119 S. Ct. 678, 142 L. Ed. 2d 636, 1999 U.S. LEXIS 507 (1999).

Opinions

[236]*236Justice Kennedy

delivered the opinion of the Court.

We granted certiorari, 523 U. S. 1105 (1998), to consider in this case whether the Constitution requires a State or its local entities to give detailed and specific instructions or advice to owners who seek return of property lawfully seized but no longer needed for police investigation or criminal prosecution. Interpreting the Due Process Clause of the Fourteenth Amendment, the Court of Appeals for the Ninth Circuit imposed a series of specific notice requirements on the city responsible for the seizure. We conclude these requirements are not mandated by the Due Process Clause, and we reverse.

I

The case began when police officers of petitioner, the city of West Covina, California (City), acting in accordance with law and pursuant to a valid search warrant, seized personal property. The property belonged to the owner of the searched home, respondent Lawrence Perkins, and to his family. The suspect in the crime was neither Perkins nor anyone in his family, but one Marcus Marsh. Marsh had been a boarder in the Perkins’ home. After leaving their home, and unknown to them, he became the subject of a homicide investigation.

During the search of respondents’ home for evidence incriminating Marsh, the police seized a number of items, including photos of Marsh, an address book, a 12-gauge shotgun, a starter pistol, ammunition, and $2,629 in cash. 113 F. 3d 1004, 1006 (CA9 1997). At the conclusion of the search, the officers left respondents a form entitled “Search Warrant: Notice of Service,” which stated:

“TO WHOM IT MAY CONCERN:
“1. THESE PREMISES HAVE BEEN SEARCHED BY PEACE OFFICERS OF THE (name of searching agency) West Covina Police DEPARTMENT PURSUANT TO A SEARCH WARRANT ISSUED ON (date) [237]*2375-20-93. BY THE HONORABLE (name of magistrate) Dan Oki. JUDGE OP THE SUPERIOR/MUNICIPAL COURT, Citrus JUDICIAL DISTRICT.
“2. THE SEARCH WAS CONDUCTED ON (date) 5-21-93. A LIST OP THE PROPERTY SEIZED PURSUANT TO THE SEARCH WARRANT IS ATTACHED.
“3. IF YOU WISH FURTHER INFORMATION, YOU MAY CONTACT:
(name of investigator) Pet. Ferrari or Pet Melnuk AT [telephone number].
“LT. SCHIMANSKI [telephone number].” App. 76-77 (italicized characters represent those portions of the original document which were handwritten on the form).

In accordance with the notice, the officers also left respondents an itemized list of the property seized. 113 F. 3d, at 1011-1012. The officers did not leave the search warrant number because the warrant was under seal to avoid compromising the ongoing investigation. Id., at 1007. In a public index maintained by the court clerk, however, the issuance of the warrant was recorded by the address of the home searched and the search warrant number. Ibid.

Not long after the search, Perkins called Ferrari, one of the detectives listed on the notice, and inquired about return of the seized property. No. CV 93-7084 SVW (CD Cal., July 8, 1996), App. to Pet. for Cert. E3. One of the detectives told Perkins he needed to obtain a court order authorizing the property’s return. Ibid.

About a month after the search, Perkins went to the Citrus Municipal Court to see Judge Oki, who had issued the warrant. He learned Judge Oki was on vacation. Ibid. He tried to have another judge release his property but was told the court had nothing under Perkins’ name. Ibid.

Rather than continuing to pursue a court order releasing the property by filing a written motion with the court, mak[238]*238ing other inquiries, or returning to the courthouse at some later date, ibid., respondents filed suit in United States District Court against the City and the officers who conducted the search. They alleged the officers had violated their Fourth Amendment rights by conducting a search without probable cause and exceeding the scope of the warrant. App. 7-9. They further alleged that the City had a policy of permitting unlawful searches. Id., at 10.

The District Court granted summary judgment for the City and its officers. App. to Pet. for Cert. Bl-Bll. The court, however, invited supplemental briefing on an issue respondents had not raised: whether available remedies for the return of seized property were adequate to satisfy due process. Id., at B7. The parties submitted briefs on the issue, but the court did not rule on it. Respondents appealed the District Court’s holding on their Fourth Amendment claims, but the Court of Appeals remanded the case to the District Court for resolution of the due process question. No. 94-56365 (CA9, Apr. 30, 1996), App. to Pet. for Cert. D1-D3.

The District Court held on remand that the remedies provided by California law for return of the seized property satisfied due process, and it granted summary judgment for the City. No. CV 93-7084 SVW, supra, App. to Pet. for Cert. E2. In particular, the court rejected respondents’ claim that the procedure for return of their property was unavailable to them because the City did not give them adequate notice of the remedy and the information needed to invoke it. Id., at E6.

On appeal, the Court of Appeals reversed the grant of summary judgment for the City. 113 F. 3d, at 1006. As an initial matter, the court noted that, under Fuentes v. Shevin, 407 U. S. 67 (1972), respondents were entitled only to an adequate postdeprivation remedy, and not to a predeprivation hearing prior to the seizure. 113 F. 3d, at 1010. The Court [239]*239of Appeals also agreed with the District Court that the post-deprivation remedies for return of property established by California statute and ease law satisfied the requirements of due process. Id., at 1011.

Nevertheless, the court held, by analogy to this Court’s decision in Memphis Light, Gas & Water Div. v. Craft, 436 U. S. 1 (1978), that the City was required to give respondents notice of the state procedures for return of seized property and the information necessary to invoke those procedures (including the search warrant number or a method for obtaining the number). 113 F. 3d, at 1012. While acknowledging that it was not the court’s place “to specify the exact phrasing of an adequate notice,” the court proceeded to explicate, in some detail, the content of the required notice:

“In eases where property is taken under California law . . . the notice should include the following: as on the present notice, the fact of the search, its date, and the searching agency; the date of the warrant, the issuing judge, and the court in which he or she serves; and the persons to be contacted for further information. In addition, the notice must inform the recipient of the procedure for contesting the seizure or retention of the property taken, along with any additional information required for initiating that procedure in the appropriate court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dae Hun Song v. City of Downey
C.D. California, 2025
Robert Cook Bunten Iii v. The State of Wyoming
2023 WY 105 (Wyoming Supreme Court, 2023)
STATE OF TENNESSEE v. ROBERT JOSEPH MCBRIDE
Court of Criminal Appeals of Tennessee, 2021
United States v. Bess
Court of Appeals for the Armed Forces, 2020
Bennett v. New York
S.D. New York, 2019
Matthew Carvalho v. Director of Revenue
Supreme Court of Missouri, 2019
M.A.K. Investment Group v. City of Glendale
897 F.3d 1303 (Tenth Circuit, 2018)
fhlmc/freddie Mac v. Sfr Investments Pool 1, LLC
893 F.3d 1136 (Ninth Circuit, 2018)
Mencias Avila v. District of Columbia
246 F. Supp. 3d 347 (District of Columbia, 2017)
N.B. v. District of Columbia
244 F. Supp. 3d 176 (District of Columbia, 2017)
in Re Forfeiture of 2000 Gmc Denali and Contents
892 N.W.2d 388 (Michigan Court of Appeals, 2016)
Erik Mickelson v. County of Ramsey
823 F.3d 918 (Eighth Circuit, 2016)
Brown v. Government of the District of Columbia
115 F. Supp. 3d 56 (District of Columbia, 2015)
Justice Allah v. Greg Bartkowski
574 F. App'x 135 (Third Circuit, 2014)
Dukore v. District of Columbia
970 F. Supp. 2d 23 (District of Columbia, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
525 U.S. 234, 119 S. Ct. 678, 142 L. Ed. 2d 636, 1999 U.S. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-west-covina-v-perkins-scotus-1999.