Court: Constitutional ban on high fines applies to states

Legal Compliance

The Supreme Court ruled unanimously Wednesday that the Constitution's ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.

Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.

Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.

Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.

Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana's top court said the justices had never ruled that the Eighth Amendment's ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.

The case drew interest from liberal groups concerned about police abuses and conservative organizations opposed to excessive regulation. Timbs was represented by the libertarian public interest law firm Institute for Justice.

"The decision is an important first step for curtailing the potential for abuse that we see in civil forfeiture nationwide," said Sam Gedge, a lawyer with the Institute for Justice.

Law enforcement authorities have dramatically increased their use of civil forfeiture in recent decades. When law enforcement seizes the property of people accused of crimes, the proceeds from its sale often go directly to the agency that took it, the law firm said in written arguments in support of Timbs.

Related listings

  • Court records reveal a Mueller report right in plain view

    Court records reveal a Mueller report right in plain view

    Legal Compliance 02/22/2019

    The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertai...

  • Court: Florida police can use 'stand your ground' law

    Court: Florida police can use 'stand your ground' law

    Legal Compliance 12/13/2018

    Florida law enforcement officers can invoke the state's "stand your ground" law to protect them from criminal prosecution in a shooting, the state Supreme Court ruled unanimously Thursday.The court issued its 7-0 decision in the case of Peter Peraza,...

  • Trial starts for Hong Kong businessman in bribery case

    Trial starts for Hong Kong businessman in bribery case

    Legal Compliance 12/03/2018

    The New York trial of a prominent Hong Kong businessman charged in a United Nations-linked bribery conspiracy is set to begin with jury selection Monday.The trial of Dr. Chi Ping Patrick Ho begins a year after he was arrested on charges accusing him ...

Car Accident Lawyers in New Rochelle, New York

If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.

Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.

You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.