Alvarez v. Smith
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-351 | 7th Cir. | May 28, 2025 | Aug 12, 2009 | 8-1 | Breyer | OT 2009 |
Holding: The Court agreed to decide how long the police could hold onto seized property without giving the property owner a hearing. When the police returned all the owners' seized property, the Court decided that the case was moot.
Judgment: Vacated and remanded, 8-1, in an opinion by Justice Stephen Breyer on August 12, 2009. Justice Stevens filed an opinion concurring in part and dissenting in part (which SCOTUSblog counts as a dissent).
SCOTUSblog Coverage
- No clarification on property seizure (Anna Christensen, December 14, 2009)
- Alvarez v. Smith: What Process is Due for Individuals Whose Personal Property Is Seized? (Argument Preview) (Anna Christensen, October 9, 2009)
- Grant Write-Up: Alvarez v. Smith (Eliza Presson, February 24, 2009)
Merits Briefs
- Brief for Petitioner Anita Alvarez, State’s Attorney of Cook County, Illinois
- Brief for Respondents Chermane Smith, Edmanuel Perez, Tyhesha Brunston, Michelle Waldo, Kirk Yunker and Tony Williams
- Reply Brief for Petitioner Anita Alvarez, State’s Attorney of Cook County, Illinois
Amicus Briefs
- Brief for the National Association of Counties, the National Conference of State Legislatures, the National League of Cities, the International City/County Management Association, the U.S. Conference of Mayors, and the International Municipal Lawyers Association in Support of Petitioner
- Brief for the States of Illinois, Alabama, Arizona, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Massachusetts, Michigan, Nevada, Ohio, Pennsylvania, South Carolina, Texas, Utah, Washington, Wisconsin, and Wyoming in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the CATO Institute, Goldwater Institute Scharf-Norton Center for Constitutional Litigation, and the Reason Foundation in Support of Respondent
- Brief for the Legal Aid Society in Support of Respondent
- Brief for the Institute for Justice in Support of Respondent
- Brief for the American Civil Liberties Union and the ACLU of Illinois in Support of Respondent
- Brief for the National Police Accountability Project in Support of Respondent
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