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U.S. v. 408 Peyton Road, S.W., Atlanta, Ga., No. 95-8330 (11th Cir.) (162 F.3d 644) (December 8, 1998) (Judge Susan H. Black)

Here a divided en banc court held that the Due Process Clause requires the Government to provide notice and a hearing before executing seizure warrants for real property even when the Govt. opts not to take physical possession of the property.

In this case the Government argued that preseizure notice …

 

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