What The Unanimous Supreme Court Verdict Means for You

The Supreme Court recently issued a rare unanimous ruling. The topic: excessive fines and civil forfeiture.

Many suspects of crimes have had their property seized. This includes all types of possessions, including valuable ones like cash, vehicles, and homes. Proponents of the practice, like former attorney general Jeff Sessions, argue that this is a great thing because it allows money from drug dealers to be repurposed for the police.

The problem occurs when the practice results in excessive fines—something the Eighth Amendment protects against.

Timbs v. Indiana: A Matter of Civil Forfeiture

The case before the Supreme Court involved a man named Tyson Timbs. Timbs was addicted to painkillers and heroin. He ended up selling $400 worth of drugs to an undercover officer, and was arrested. It was his first offense. Police attempted to seize his Land Rover, claiming that it was used to transport drugs. He filed a civil suit, which was upheld by lower courts and overturned by the Indiana Supreme Court, eventually making its way to the Supreme Court.

The Supreme Court ruled unanimously in his favor, and Justice Ruth Bader Ginsburg wrote the majority opinion.

Justice Ginsburg: The Eighth Amendment Applies To State Rulings

“The right against excessive fines traces its lineage back in English law nearly a millennium, and from the founding of our country, it has been consistently recognized as a core right worthy of constitutional protection,” she wrote. “As a constitutionally enumerated right understood to be a privilege of American citizenship, the Eighth Amendment’s prohibition on excessive fines applies in full to the States.”

What this means is that Timbs has another opportunity to argue in front of Indiana courts that the fines were excessive. It also means that if the state decides that someone under arrest has their home or car taken from them, a judge can decide if this forfeiture is excessive.

One big takeaway here is that the prohibition against excessive fines now applies to the states. This issue was already settled on a federal level.

Got a question about civil forfeiture? Feel like your assets were wrongfully seized? Contact a criminal defense attorney to learn more about your rights.