The American Conservative By Brian Saady • July 16, 2018
Finally, a case that might put a real crimp into civil asset forfeiture abuse.The U.S. Supreme Court recently agreed to rule on a case that could have a major impact on civil liberties and whether civil asset forfeiture can continue to serve as low hanging fruit for bureaucratic interests run amok.
Timbs v. Indiana involves a man whose $42,000 Land Rover was confiscated via civil asset forfeiture. Attorneys from the libertarian public-interest law firm, Institute for Justice, don’t deny their client Tyson Timbs was convicted of selling $385 worth of heroin in two transactions and that his vehicle was used in the sale.
What they do contest is that the confiscation of the Land Rover (purchased with a payment from a life insurance policy, not drug money) was unconstitutional under the Excessive Fines Clause of the 8th Amendment.
How is that? Due to a plea bargain, Timbs was sentenced to one year of house arrest and five years of probation. He was also assessed a total of $1,200 in fees and fines. The offense carries a maximum fine of $10,000. Hence, Timbs’ attorneys assert the confiscation of a $42,000 car exceeds what he was liable for in the first place.
The Indiana Supreme Court didn’t rule whether the forfeiture was excessive. Instead, it ruled that the state wasn’t subject to the Excessive Fines Clause, and that it is a matter for the U.S. Supreme Court to determine. Fourteen other states already adhere to the Excessive Fines Clause, but Indiana and three others do not, according to the ABA Journal.
Virtually every civil rights organization supports Timbs on the merits of this case. Furthermore, there are historic undertones that prompted the Constitutional Accountability Center to file a friend-of-the-court brief requesting that U.S. Supreme Court hear this case.
More:
http://www.theamericanconservative.com/articles/keeping-cops-hands-out-of-your-pockets/
