Hartford Courant By TOM DAVIES 11/2/2019
An Indiana man who had his $40,000 Land Rover seized after a small-time drug deal isn't getting it back yet, even though the U.S. Supreme Court sided with him for a key ruling on excessive criminal fines earlier this year.
The Indiana Supreme Court said in a 4-1 ruling issued Monday that since Tyson Timbs of Marion used the Land Rover in committing a crime, a county judge must now consider whether its seizure is "grossly disproportional" punishment. Timbs was convicted of selling $400 worth of heroin, which led to a U.S. Supreme Court decision in February that the Constitution's Eighth Amendment ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.
The Indiana attorney general's office argued the vehicle seizure was proper because it was used in commission of a crime and that the vehicle's value should not be a factor.
Indiana Chief Justice Loretta Rush, however, wrote in the court's opinion that the punishment's magnitude must be considered.
More:
https://www.courant.com/sns-bc-us--excessive-fines-indiana-20191029-story.html
