Small Heroin Sale Tees Up High Court Test of Forfeiture Laws
A challenge to a rare legal scenario in which a federally protected civil liberty has not yet been extended to apply to state law enforcement will be heard Nov. 28 by the U.S. Supreme Court in a case that started with a $260 heroin sale, the Indianapolis Star reports. So far, Indiana state courts have said their hands are tied until the nation’s high court rules that the 8th Amendment’s protection against excessive fines applies to civil asset forfeiture by state agencies.
The case started when a self-described “junkie,” Tyson Timbs, was driving his $42,000 Land Rover he bought with an inheritance when he was arrested for selling heroin to undercover officers. Timbs pleaded guilty and forfeited ownership of the vehicle, even though the maximum potential fine for his crime was $10,000, the Star reports. Timbs’ actual sentence was home detention, probation and court fees. The libertarian Institute for Justice took up Timbs’ case and attracted amicus brief support for its case from both the liberal American Civil Liberties Union and conservative United States Chamber of Commerce.
Additional Reading:
Asset Seized by U.S. Marshals | Key Legal Protections for Business Owners | We Need Transparency and Fairness in Civil Asset Forfeiture | John Oliver Explains Civil Forfeiture By Police | How Civil Forfeiture Can Enable Public Officials’ Misuse of Funds | Judicial Review of Forfeiture: A Comprehensive Guide | 21 U.S.C. § 881 FORFEITURES | Civil Forfeiture Highway Shakedowns in Tennessee | How Much Has the IRS Seized w/Civil Asset Forfeiture? | Civil Asset Forfeiture Corruption | The History of Civil Forfeiture in California Courts | Boston police bought spy tech with a pot of money hidden from the public | Dallas Police Took $106,000 From a Traveler. They Haven’t Explained Why. | Civil Forfeiture (Shorter Version) | Rand Paul: How feds can legally steal your money | The County Seat Civil Asset Forfeiture | Taking people’s stuff: Civil forfeiture is widespread, unjust, and resists reform | IRS to return seized cash to small-business owner | Asset Forfeiture Legal Resources | The feds are helping local police make money by taking your stuff again | Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures | Asset Forfeiture and Constitutional Rights Explained | Appeals Court Says Feds Must Prove Their Asset Forfeiture Case! (Steve Lehto) | Fake Reform Won’t Fix Police Addiction To Forfeiture Cash
