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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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