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Culley v. Marshall

Updated Sep 5, 2026

In brief

A timely hearing on the forfeiture itself is required, but a separate early hearing over temporary possession of seized personal property is not.

Where it stands
Decided

Decided 6-3 · May 9, 2024 · Opinion by Justice Kavanaugh

What it’s about
The Supreme Court held that in civil forfeiture cases involving personal property, such as a vehicle, the Due Process Clause requires a timely forfeiture hearing but does not mandate a separate preliminary hearing to determine if the police can keep the property while the case is pending.
Who it affects
People whose cars or other personal property are seized will not have a constitutional right to a separate preliminary hearing solely to seek its return during the case.

Summary: written with AI from the case record.

Illustration for Culley v. Marshall
Conceptual illustration · AI-generated

What it's about

The decision defines how the Due Process Clause, the constitutional guarantee of fair procedures, applies when governments seize personal property through civil forfeiture.

Question presented

What test must a district court apply when determining whether and when a post-deprivation hearing is required under the Due Process Clause?

What the Court decided

The vote

  • Joined the judgment
  • Concurred in a separate opinion
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Kavanaughwrote the opinion
  2. Roberts
  3. Thomas
  4. Alito
  5. Barrett
Concurring · 1agreed with the result, wrote separately
  1. Gorsuchwrote separately
Dissenting · 3disagreed with the result
  1. Sotomayorwrote the dissent
  2. Kagan
  3. Jackson
6 justices joined the judgment (1 writing separately), 3 dissented.

From the opinions

“The Due Process Clause requires a timely forfeiture hearing but does not require a separate preliminary hearing.”

— Justice Brett M. Kavanaugh(majority)

What's next

Lower courts must apply this rule in civil forfeiture disputes involving personal property. State and local agencies must provide timely forfeiture hearings, while people challenging seizures can pursue the forfeiture case itself.

Why it matters

Governments must still provide a timely hearing on whether they may permanently keep the property.

Documents

4

Docket activity

9
  • New analysis added

    Sep 5, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 5, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 5, 2026 · Generated

  • New analysis added

    Sep 5, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 5, 2026 · Generated

Show 4 more
  • Opinion added: Culley

    May 9, 2024 · Court records

  • Opinion added: opinion

    May 9, 2024 · Court records

  • Brief added: Petition

    Dec 20, 2022 · Court records

  • Brief added: Questions Presented

    Court records

More questions

3
What did the Supreme Court rule in Culley v. Marshall?
The Court said the Constitution requires a timely forfeiture hearing. It does not require a separate preliminary hearing on temporary possession of seized property.
Who is affected by Culley v. Marshall?
People whose cars or other personal property are seized in civil forfeiture cases are affected. So are state and local law-enforcement agencies handling those cases.
What happens next after Culley v. Marshall?
Lower courts will follow the Court's rule in future cases. Agencies must ensure timely forfeiture hearings, without a constitutionally required separate preliminary hearing.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 5, 2026Methodology

Court records and filings

Reporting and analysis