Kaley v. United States (571 U.S. 320)

U.S. Supreme Court · decided February 25, 2014 · Supreme Court Database (Spaeth)

Citation
571 U.S. 320 · 134 S. Ct. 1090
Docket
No. 12-464
Argued
October 16, 2013
Decided
February 25, 2014
Term
October Term 2013
Vote
6–3
Majority author
Justice Kagan
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

How the Justices voted

Majority
Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg, Justice Alito, Justice Kagan (wrote)
Dissenting
Chief Justice Roberts (wrote), Justice Breyer, Justice Sotomayor

Oral argument transcript and advocates · Opinion on Justia

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2013 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus KALEY ET VIR v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12–464. Argued October 16, 2013—Decided February 25, 2014 Title 21 U. S. C. §853(e)(1) empowers courts to enter pre-trial restrain- ing orders to “preserve the availability of [forfeitable] property” while criminal proceedings are pending. Such pre-trial asset restraints are constitutionally permissible whenever probable cause exists to think that a defendant has committed an offense permitting forfeiture and that the assets in dispute are traceable or otherwise sufficiently re- lated to the crime charged. United States v. Monsanto, 491 U. S. 600. After a grand jury indicted petitioners, Kerri and Brian Kaley, for reselling stolen medical devices and laundering the proceeds, the Government obtained a §853(e)(1) restraining order against their as- sets. The Kaleys moved to vacate the order, intending to use a por- tion of…

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