Could this be the beginning of the end for civil forfeitures?
The United States Supreme Court unanimously ruled that ‘…the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property.” The case in question concerned an Indiana man who had his $42K Land Rover seized b/c he had sold a couple hundred dollars worth of heroin.
Now bear in mind that, in this case, the person who had his property seized had indeed committed a crime. Then remember that, in Delaware, people have had their property, cash and belongings seized even though no finding of guilt ever was reached, and, in many cases, no charges were filed and no proceedings ever took place.
Justice Clarence Thomas (!) laid it out clearly: “This system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses.”
I believe that this decision is the de facto death knell for civil forfeiture. I hereby call on Attorney General Jennings to suspend the use of civil forfeiture until and unless further clarification is forthcoming from the courts.
I think this is BIG, folks.