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Asset forfeiture is a 4th amendment issue, not the 5th.

You might want to drop a line to the ACLU lawyer battalion and tell them they got it all wrong, rp:

http://archive.aclu.org/issues/drugpolicy/CivilAssetForfeiture.html

The ACLU doesn't like asset forfeiture .... unless the assets are forfeited to anything but the local authorities. To wit:

ST. LOUIS--"A measure to reform Missouri's Civil Asset Forfeiture Act (CAFA) to ensure that police departments deposit seized assets into a public education fund, as required by the Missouri Constitution, will be signed into law today by Governor Bob Holden in Jefferson City."

"The American Civil Liberties Union, which has criticized asset forfeiture laws as a “license to steal,” called passage of the reform measure “a victory for all Missourians.”
-- aclu.org/CriminalJustice/CriminalJustice.cfm?ID=7267&c=51

Back to your point. The property is seized under the 4th amendment and it's constitutional. If the ACLU wishes to fight this seizure by saying it violates the Due Process clause of the 5th amendment (or the Excessive Bail clause of the 8th amendment), they're welcome to try.

BTW, the Civil Asset Forfeiture Reform Act of 2000 addressed and corrected a lot of problems with federal asset forfeiture. Of course, the states are free to write their own.