United States v. James Daniel Good Real Property, 510 U.S. 43, 6 (1993)

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48

UNITED STATES v. JAMES DANIEL GOOD REAL PROPERTY

Opinion of the Court

In a divided decision, the Court of Appeals further held that the District Court erred in finding the action timely. The Court of Appeals ruled that the 5-year statute of limitations in 19 U. S. C. § 1621 is only an "outer limit" for filing a forfeiture action, and that further limits are imposed by 19 U. S. C. §§ 1602-1604. 971 F. 2d, at 1378-1382. Those provisions, the court reasoned, impose a "series of internal notification and reporting requirements," under which "customs agents must report to customs officers, customs officers must report to the United States attorney, and the Attorney General must 'immediately' and 'forthwith' bring a forfeiture action if he believes that one is warranted." Id., at 1379 (citations omitted). The Court of Appeals ruled that failure to comply with these internal reporting rules could require dismissal of the forfeiture action as untimely. The court remanded the case for a determination whether the Government had satisfied its obligation to make prompt reports. Id., at 1382.

We granted certiorari, 507 U. S. 983 (1993), to resolve a conflict among the Courts of Appeals on the constitutional question presented. Compare United States v. Premises and Real Property at 4492 South Livonia Road, 889 F. 2d 1258 (CA2 1989), with United States v. A Single Family Residence and Real Property, 803 F. 2d 625 (CA11 1986). We now affirm the due process ruling and reverse the ruling on the timeliness question.

II

The Due Process Clause of the Fifth Amendment guarantees that "[n]o person shall . . . be deprived of life, liberty, or property, without due process of law." Our precedents establish the general rule that individuals must receive notice and an opportunity to be heard before the Government deprives them of property. See United States v. $8,850, 461 U. S. 555, 562, n. 12 (1983); Fuentes v. Shevin, 407 U. S. 67, 82 (1972); Sniadach v. Family Finance Corp. of Bay View,

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