Alabama Attorney General Steve Marshall expressed approval following a U.S. Supreme Court decision that supports law enforcement's authority to seize contraband and the proceeds of crime. The case, Culley v. Marshall, was argued by Alabama Solicitor General Edmund LaCour on October 30, 2023.
"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," stated Attorney General Marshall.
The case involved two plaintiffs who had loaned their cars to individuals arrested by Alabama police for possession of controlled substances found in the vehicles. Under state law, vehicles used in drug transportation can be forfeited after due process. If an owner is deemed innocent at a hearing, the property is returned. The plaintiffs sought an additional hearing, claiming a constitutional right; however, Alabama contended this would disrupt law enforcement efforts and risk property misuse.
Justice Kavanaugh's majority opinion supported Alabama's interpretation of the Due Process Clause and upheld the U.S. Court of Appeals for the Eleventh Circuit's decision to dismiss the case.
Attorney General Marshall acknowledged the legal team that led these cases from district court to the Supreme Court: Solicitor General Edmund LaCour, Deputy Solicitor General Robert Overing, Assistant Chief Deputy Attorney General Brad Chynoweth, and Assistant Attorney General Brenton Smith.