United States v. James Daniel Good Real Property, 510 U.S. 43, 26 (1993)

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68

UNITED STATES v. JAMES DANIEL GOOD REAL PROPERTY Opinion of Rehnquist, C. J.

probable-cause determination, yet respondent Good cannot be temporarily deprived of property on the same basis. As we said in United States v. Monsanto, 491 U. S. 600, 615- 616 (1989):

"[I]t would be odd to conclude that the Government may not restrain property, such as the home and apartment in respondent's possession, based on a finding of probable cause, when we have held that (under appropriate circumstances), the Government may restrain persons where there is a finding of probable cause to believe that the accused has committed a serious offense."

Similarly, in Graham v. Connor, 490 U. S. 386, 394-395 (1989), the Court faced the question of what constitutional standard governs a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person. We held that the Fourth Amendment, rather than the Due Process Clause, provides the source of any specific limitations on the use of force in seizing a person: "Because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct, that Amendment, not the more generalized notion of 'substantive due process' must be the guide for analyzing these claims." Id., at 395. The "explicit textual source of constitutional protection" found in the Fourth Amendment should also guide the analysis of respondent Good's claim of a right to additional procedural measures in civil forfeitures.

B

The Court dismisses the holdings of Gerstein and Graham as inapposite because they concern "the arrest or detention of criminal suspects." Ante, at 50. But we have never held that the Fourth Amendment is limited only to criminal proceedings. In Soldal v. Cook County, 506 U. S. 56, 67 (1992),

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