Unreaonable Delay in a Civil Asset Forfeiture Case

What happens when the Government’s failure to promptly resolve the forfeiture action, coupled with the lack of any adjudication or criminal proceeding related to the seized property, violates his due process rights under the Fifth Amendment?

When determining whether a delay in a civil forfeiture action violates a claimant’s due process rights, courts apply the test developed in Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1987). For example, in United States v. Eight Thousand Eight Hundred & Fifty Dollars ($8,850) in United States Currency, 461 U.S. 555, 564-70, 103 S. Ct. 2005, 76 L. Ed. 2d 143 (1983), the court adopted the Barker test to assess Fifth Amendment right against deprivation of property without due process).

The Barker test requires weighing four factors:

• the length of delay;
• the reason for the delay;
• the claimant’s assertion of his right; and
• prejudice to the claimant.

Barker, 407 U.S. at 530.

Unreasonable Delay After Filing a Forfeiture Complaint

Delays after the filing of a forfeiture complaint can violate due process. For example, in $20,000 in U.S. Currency, 589 F. Supp. 3d at 260 , the court noted that “[t]he First Circuit Court of Appeals clarified . . . that delays after filing a complaint, where there is no prejudice to the claimant, do not violate due process.” Id. (citing United States v. Zorrilla-Echevarría, 671 F.3d 1, 12 (1st Cir. 2011)).

When determining whether the claimant has been prejudiced by the delay, “[t]he primary inquiry here is whether the delay has hampered the claimant in presenting a defense on the merits, through, for example, the loss of witnesses or other important evidence.” $8,850, 461 U.S. at 569.

This article was last updated on Monday, July 20, 2026.