Rarely do the nine justices of the present Supreme Court agree on anything. Yesterday, however, all nine affirmed that the Constitution’s ban on excessive fines applies to the states.
This particular case involved a man who sold $400 worth of heroin, but the police of Marion, Indiana, seized his Land Rover worth $40,000. The author of the opinion, Ruth Bader Ginzburg said this had nothing to do with either retribution or deterrence. It was simply seen as a source of revenue.
Authorities may still seize assets, but the assets must be connected to the crime. Had the guy with the Land Rover purchased it with money he made from drugs, then the seizure probably would have been legal. On the other hand, seizure of a grandmother’s car after her adult son borrowed it and was caught with illegal drugs would not be allowed. In that last example, which happened in Philadelphia, the Pennsylvania Supreme Court had already ruled it was illegal.
I believe police and district attorneys have been abusing forfeiture for years. It’s about time the Court stepped in.
See the article by Michelle Merlin and Steve Esack in today’s Allentown Morning Call for the full story. The Times also ran a front page article on the case.
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