Cite as: 510 U. S. 43 (1993)
Opinion of O'Connor, J.
property for forfeiture without giving Good prior notice and an opportunity to be heard. I agree that the due process inquiry outlined in Mathews v. Eldridge, 424 U. S. 319, 335 (1976)—which requires a consideration of the private interest affected, the risk of erroneous deprivation and the value of additional safeguards, and the Government's interest— provides an appropriate analytical framework for evaluating whether a governmental practice violates the Due Process Clause notwithstanding its historical pedigree. Cf. Medina v. California, 505 U. S. 437, 453 (1992) (O'Connor, J., concurring in judgment). But this case is an as applied challenge to the seizure of Good's property; on these facts, I cannot conclude that there was a constitutional violation.
The private interest at issue here—the owner's right to control his property—is significant. Cf. Connecticut v. Doehr, 501 U. S. 1, 11 (1991) ("[T]he property interests that attachment affects are significant"). Yet the preforfeiture intrusion in this case was minimal. Good was not living on the property at the time, and there is no indication that his possessory interests were in any way infringed. Moreover, Good's tenants were allowed to remain on the property. The property interest of which Good was deprived was the value of the rent during the period between seizure and the entry of the judgment of forfeiture—a monetary interest identical to that of the property owner in United States v. $8,850, 461 U. S. 555 (1983), in which we stated that pre-seizure notice and hearing were not required.
The Court emphasizes that people have a strong interest in their homes. Ante, at 53-55, 61. But that observation confuses the Fourth and the Fifth Amendments. The "sanctity of the home" recognized by this Court's cases, e. g., Payton v. New York, 445 U. S. 573, 601 (1980), is founded on a concern with governmental intrusion into the owner's possessory or privacy interests—the domain of the Fourth Amendment. Where, as here, the Government obtains a warrant supported by probable cause, that concern is allayed. The
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