The Due Process Clause of the Fifth Amendment imposes certain procedural
restraints on government actions that deprive a person of life, liberty, or
property.37 In accordance with this procedural due process, the government
must provide a person subject to a deprivation with notice of the deprivation and
a right to be heard "at a meaningful time and in a meaningful manner." 38 The
two main issues in procedural due process law are when process is due (that is,
whether a person receives notice and a hearing before or after the deprivation)
and what process is due (that is, the type of notice and hearing required).
Procedural due process normally requires notice and a hearing prior to a
governmental deprivation. 39 Courts have recognized, however, that due process
is not a fixed technical concept; instead, the level of procedural protection depends
on the particular situation.40 Some "emergency" situations may warrant
the postponement of notice and hearings until after the deprivation.41