# Calero-Toledo v. Pearson Yacht Leasing Co.

> Supreme Court of the United States · June 17, 1974 · 416 U.S. 663

URL: https://www.frixlaw.com/law-library/cases/9425712

## Case

- **Full name:** CALERO-TOLEDO Et Al. v. PEARSON YACHT LEASING CO.
- **Court:** Supreme Court of the United States
- **Decided:** June 17, 1974
- **Citations:** 416 U.S. 663; 94 S. Ct. 2080; 40 L. Ed. 2d 452; 1974 U.S. LEXIS 140
- **Precedential status:** Published
- **Opinion:** Concurrence by White
- **Judges:** Brennan, Burger, White, Marshall, Bláckmun, Powell, Rehnquist, Stewart, Douglas
- **Cited by:** 1,161 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Limited by United States Court of Appeals, Second Circuit, 889 F.2d 1258 (1989).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9425712

## How later opinions describe it (automated extraction)

- holding that pre-seizure notice and a hearing were not required for the seizure of a yacht, when the seizure served the significant governmental purpose of allowing the government to acquire in rem jurisdiction over the property, the property was of a kind that could easily be…
- stating in a forfeiture case that "it would be difficult to reject the constitutional claim of an owner ... who proved not only that he was uninvolved in and unaware of the wrongful activity, but also that he had done all that reasonably could be expected to prevent the proscr…
- holding that Puerto Rico was a "State" under the federal statute requiring that a three-judge panel convene to consider any challenge to a state statute; reasoning that the Commonwealth, like a state, is "sovereign over matters not ruled by the [U.S.] Constitution," unlike "a …
- holding that there was no taking where a yacht that the owner had leased was forfeited due to the discovery of marijuana on board, despite the owner of the having “no knowledge that its property was being used in connection with or in violation of’ the law
- holding that Puerto Rico is a state under various federal statutes

## Opinion text

Mr. Justice White,
with whom Mr. Justice-Powell joins, concurring.
I .join the Court’s opinion, and agree that there was no constitutional necessity under Fuentes v. Shevin, 407 U. S. 67 (1972), or any other-case in this Court to accord the owner-lessor of the yacht a hearing in the circumstances of this case. I add, however, that the presence of important public interests which permits dispensing with a preseizure hearing in the instant case, is only one of the situations in which no prior hearing is required.. See Mitchell v. W. T. Grant Co., ante, p. 600; Arnett v. Kennedy, ante, p. 134 (White, J., concurring).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9425712. Public record. Not legal advice.