The US Supreme Court has ruled that the 8th amendment’s prohibition on excessive fines applies to the states in a case on asset forfeiture. It’s not a close call. The vote was 9-0. “Held: The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause.”
Timbs v. Indiana revolved around the seizure of a Tyson Timbs Land Rover SUV. A 42,000 dollar vehicle he purchased with a life insurance payout when a relative passed away. The police claimed the right to take it, saying the Defendant used it to transport heroin. A lower court agreed and called the taking excessive. The case worked its way up to the state Supreme Court which said the 8th did not apply to the state. Mr. Timbs asked the Supreme Court to consider that question.
They did. Indiana lost. The Excessive fines clause is now incorporated by the 14th amendment. Criminal and Civil Asset forfeiture can never be the same.
Notorious RBG
You may find it interesting to know the Justice Ginsberg wrote the opinion in which ROBERTS C. J., and BREYER, ALITO, SOTOMAYOR, KAGAN, GORSUCH, and KAVANAUGH, JJ., joined. GORSUCH, J., filed a concurring opinion. THOMAS, J., filed an opinion concurring in the judgment.
I have not read it yet, so I can’t say much more, but seizures in excess of fines related to the crimes connected to the taking are not considered constitutional. The states must comply.
More on this after I’ve read the opinion.
You can find our earlier coverage on this here, and here.
