alvarez cook county state attorney smith et argued october decided december illinois law provides forfeiture movable personal property used facilitate drug crime permits police seize property without warrant allows state keep property nearly five months beginning judicial forfeiture proceedings respondents six individuals cars cash seized law brought federal civil rights action claiming failure state provide speedy postseizure hearing violated federal due process clause district dismissed case based circuit precedent appeal seventh circuit departed precedent ruled respondents granted certiorari review seventh circuit due process determination oral argument learned actual property disputes parties resolved held case moot constitution permits decide legal questions context actual cases controversies art iii actual controversy must exist stages review complaint filed preiser newkirk longer actual controversy regarding ownership possession underlying property claim damages properly certified class dispute class certification case fit within category cases capable repetition evading review abstract dispute law remains pp judgment vacated moot cases normally vacates lower judgment clears path relitigation issues preserves rights parties prejudicing none preliminary decision munsingwear mootness result settlement rather happenstance however losing party forfeits equitable remedy vacatur bancorp mortgage bonner mall partnership case closely resembles mootness happenstance settlement bancorp party seeking review caused mootness voluntarily settling issue contested throughout litigation believes presence federal case played significant role termination plaintiffs forfeiture proceedings plaintiffs forfeiture cases took place procedural link case apparently terminated substantive grounds ordinary course knowledge one raised procedural question issue cases therefore concludes follow ordinary practice order vacatur pp vacated remanded breyer delivered opinion roberts scalia kennedy thomas ginsburg alito sotomayor joined stevens joined parts ii stevens filed opinion concurring part dissenting part anita alvarez cook county state attorney petitioner chermane smith et al writ certiorari appeals seventh circuit december justice breyer delivered opinion granted certiorari case determine whether illinois law provides sufficiently speedy opportunity individual whose car cash police seized without warrant contest lawfulness seizure see amdt von neumann time oral argument however learned underlying property disputes ended state returned cars seized individual property owners either forfeited relevant cash accepted final state return consequently find case moot therefore vacate judgment appeals remand case instructions dismiss munsingwear see also gressman geller shapiro bishop hartnett practice ed illinois law provides forfeiture movable personal property including cars cash used facilitate drug crime comp ch west permits police officer seize property without warrant officer probable cause believe property used warrantless seizure reasonable circumstances officer seized property without warrant relevant law enforcement agency must notify state attorney within days seizure state attorney must notify property owner impending forfeiture within days owner wishes contest forfeiture state attorney must begin judicial forfeiture proceedings within yet days see ch thus statute gives state days nearly five months begin judicial forfeiture proceedings time statute permits state keep car cash within possession november six individuals respondents plaintiffs brought federal civil rights action defendants city chicago superintendent chicago police department cook county state attorney petitioner shall call state attorney see rev stat three individuals chermane smith edmanuel perez tyhesha brunston said earlier police upon arrests seized cars without warrant see complaint app smith seizure perez seizure mar brunston seizure apr plaintiffs motion class certification three plaintiffs michelle waldo kirk yunker tony williams said earlier police upon arrests seized cash without warrant see complaint waldo seizure yunker seizure williams seizure july plaintiffs motion class certification plaintiffs added police department still custody property see complaint claimed failure state provide speedy postseizure hearing violated federal due process clause see amdt asked certify case class action declare due process right prompt postseizure hearing declare hearing must take place within days seizure enjoin defendants current practice keeping property custody longer time without judicial determination probable cause see complaint app defendants moved dismiss complaint ground seventh circuit precedent made clear constitution require procedure prior actual forfeiture proceeding jones takaki citing von neumann supra february district granted motion dismiss also denied plaintiffs motion class certification plaintiffs appealed may seventh circuit decided appeal plaintiffs favor smith chicago reconsidered departed earlier precedent held procedures set illinois statute show insufficient concern due process right plaintiffs added given length time result seizure property opportunity owner contest seizure illinois law sort mechanism test validity retention property required ibid appeals reversed judgment district remanded case proceedings mandate issued seven weeks thereafter february granted certiorari review seventh circuit due process determination appeals recalled mandate parties filed briefs recognized case might moot asked parties address question mootness forthcoming oral argument oral argument counsel sides confirmed longer dispute ownership possession relevant property see tr oral arg state attorney plaintiffs state returned cars plaintiffs smith perez brunston see two plaintiffs defaulted apparently conceding state keep cash ibid final plaintiff state attorney agreed plaintiff keep cash issue counsel state attorney told us hose cases ii constitution permits decide legal questions context actual cases controversies art iii controversy must extant stages review merely time complaint filed preiser newkirk quoting steffel thompson case longer actual controversy parties ownership possession underlying property state attorney argues continuing controversy damages concede plaintiffs filed motion district seeking damages plaintiffs filed motion seventh circuit issued opinion granted certiorari appeals recalled mandate taking case away district district respond motion thus us complaint seeks declaratory injunctive relief damages plaintiffs point sought certification class class might well contain members continue dispute ownership seized property fact beside point district denied plaintiffs class certification motion plaintiffs appeal denial hence disputes relevant six plaintiffs state attorney disputes concerned cars cash disputes parole geraghty named plaintiff whose claim expires may continue press appeal merits class properly certified parties course continue dispute lawfulness state hearing procedures dispute longer embedded actual controversy plaintiffs particular legal rights rather abstract dispute law unlikely affect plaintiffs affects illinois citizens dispute solely meaning law abstracted concrete actual threatened harm falls outside scope constitutional words cases controversies see lewis continental bank north carolina rice per curiam aetna life ins haworth mills green find special circumstance might warrant continuing hear case sometimes heard attacks practices longer directly affect attacking party capable repetition evading review see federal election wisconsin right life southern pacific terminal icc yet unlike cases nothing suggests individual plaintiffs likely prove subject state seizure procedures see los angeles lyons doctrine applies exceptional situations generally named plaintiff make reasonable showing subjected alleged illegality defunis odegaard per curiam event since directly affected forfeiture practices might bring damages actions practices evade review see memphis light gas water div craft damages claim saves case mootness consequently case moot see preiser supra mills supra iii less easy say whether order judgment vacated statute enables us vacate lower judgment case becomes moot flexible allowing direct entry appropriate judgment decree order require proceedings may circumstances see also bancorp mortgage bonner mall partnership applying statute normally vacate lower judgment moot case clears path future relitigation issues parties preserving rights parties prejudicing none decision preliminary munsingwear bancorp however described circumstances said mootness results settlement rather losing party voluntarily forfeited legal remedy thereby surrender ed claim equitable remedy vacatur plaintiffs pointing state attorney agreed return three cars cash claim respect least four plaintiffs case falls within bancorp settlement exception view however case closely resembles mootness happenstance settlement least kind settlement considered bancorp bancorp focused upon dispute involved legal question whether bankruptcy lawfully confirm debtor chapter reorganization plan plan relied upon debtor said special exception called new value exception ordinary creditor priority rules parties contested legal issue bankruptcy contested appeal bankruptcy order federal district contested appeal appeals eventually contested case pending parties settled differences bankruptcy case originated including differences particular contested legal point ibid agreed upon reorganization plan said constitute settlement mooted federal case ibid recognizing reorganization plan bankruptcy judge confirmed case amounted settlement mooted case vacate lower judgment reason leaving lower judgment place mootness result vagaries circumstance rather party seeking review caused mootness voluntary action emphasis added virtue settlement party voluntarily forfeited legal remedy ordinary processes appeal certiorari hence compared mootness caused happenstance considerations equity fairness tilted vacatur applying principles case us conclude terminations fall happenstance side line six individual cases proceeded different system without procedural link federal case us knowledge examined docket sheets one cases raised procedural question issue rather issues six cases issues solely state substantive law cars cash forfeitable docket sheets suggest six state cases terminated substantive grounds ordinary course state proceedings three automobile cases state voluntarily dismissed proceedings returned cars months seizures long enough time state investigated matters determined termination related criminal proceedings evidentiary reasons wish claim cars see dockets people chevrolet impala cook county il brunston car returned july people smith cook county il smith car returned may people chevrolet malibu cook county il perez car returned remaining contested case involving cash state voluntarily dismissed proceedings months long enough time state weighed evidence found compromise settlement appropriate merits see docket people currency cook county il waldo cash returned mar disparate dates plaintiffs forfeiture proceedings terminated months seizures indicate state attorney coordinate resolution plaintiffs cases either plaintiffs federal civil rights case cf munsingwear stating lower judgment vacated even though action party seeking review brought mootness action commodity decontrolled executive order basically unrelated see also fleming munsingwear reasons believe presence federal case played significant role termination separate proceedings conclusion reinforced fact neither party although aware bancorp suggested contrary oral argument indeed parties argued mootness oral argument fact suggests desire avoid review case played role producing state case terminations tr oral arg presence federal case played role causing termination state cases present kind voluntary forfeit ure legal remedy led bancorp find considerations fairness equity tilted vacatur consequently conclude follow ordinary practice thereby clear ing path future relitigation issues munsingwear thus nothing opinion prevents plaintiffs bringing claim damages based conduct alleged complaint therefore vacate judgment appeals remand case instructions dismiss ordered anita alvarez cook county state attorney petitioner chermane smith et al writ certiorari appeals seventh circuit december justice stevens concurring part dissenting part agree case moot join parts ii opinion vacate judgment appeals following teaching decision bancorp mortgage bonner mall partnership apply general rule vacating appellate judgments become moot parties settled bancorp set forth basic principles determining whether vacate case become moot overriding concern equitable beginning disposed moot cases manner consonant justice view nature character conditions caused case become moot quoting gesellschaft turn quoting south spring hill gold mining amador medean gold mining alteration original public interest must considered part equitable inquiry bancorp interest generally better served leaving appellate judgments precedents presumptively correct valuable legal community whole merely property private litigants quoting izumi seimitsu kogyo kabushiki kaisha philips stevens dissenting hence typically vacate judgment party seeking review frustrated vagaries circumstance mootness results unilateral action party prevailed bancorp typically decline vacate party seeking relief judgment caused mootness voluntary action including action taken good faith conjunction opposing party even respondent agreed settlement caused mootness remains petitioner burden party seeking relief status quo appellate judgment demonstrate merely equivalent responsibility mootness equitable entitlement extraordinary remedy vacatur ootness reason settlement justify vacatur judgment review view misapplied principles sure settlement parties case might distinguished conventional settlement reached parties bancorp evidence suggest petitioner returned respondents property prior conclusion review purpose expectation manufacturing mootness nevertheless petitioner decision return automobiles appears legally discretionary compromise settlement reached respondent waldo regarding cash ante light petitioner purposive voluntary action caused mootness along failure alert us relevant facts explain vacatur serve public interest believe failed carry burden demonstrate equitable entitlement extraordinary remedy vacatur bancorp third option disposing case dismissed writ certiorari improvidently granted like denying petition first place disposition preserved judgment time granted certiorari february petitioner already resolved underlying property disputes five six named respondents see ante entirely predictable final settlement soon follow moreover briefing case revealed disagreement basic descriptive questions illinois law questions passed upon compare brief petitioner brief respondents course way knowing district applied appeals remand order left great discretion fashion appropriate procedural relief help parties smith city chicago become clear overhasty deciding review case improvidence grant provides additional reason vacate work product colleagues appeals respectfully dissent part iii opinion judgment