Keeping Cops’ Hands Out of Your Pockets
6th August 2018
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.