Fifth Amendment to the Constitution of the United States

The Fifth Amendment to the Constitution states that no person shall be “deprived of life, liberty or property without due process of law” (Constitution:11). But in the case of Fuentes v Shevin, appellants’ household goods were seized under the pre-judgment replevin provisions of Florida law.(www.justia.us). According to these provisions, the Sheriff could seize private property through a summary process, when an ex parte application was filed with the court clerk together with the posting of a bond for double the value of the property to be seized. The law further stated that the owners would have to repossess their property by putting in their claim within three days and paying double the value of the property with the Court. The Appellants filed their suit on the grounds that there had been an abuse of the Fourteenth Amendment, since their property had been seized without “due process of law” and this case has become a landmark case of sorts in ensuring that an opportunity is provided to the person whose property is being seized to appear before the Court and plead his case. In the case of Fuentes v Shevin, the Court held in favor of the Appellants, finding that their Fifth and Fourteenth amendment rights had been violated under the Constitution, since their property had been seized without due processes of law. The Fifth Amendment to the U.S. Constitution guarantees this right, which indicates that every opportunity must be provided to the person whose property is being seized to justify his position. The judgment on this case spelt out the procedures associated with “due process” as follows: “
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