Excessive fines clause applicable to the States

Observe & Report

Well-Known Member
SCOTUS handed down Timbs v. Indiana today.

The 8th amendments excessive fines clause is incorporated and applicable to the States. States can't take property if doing so would constitute an excessive fine. e.g. they can't take your legitimately purchased $40,000 Land Rover just because you used it to transport heroin and your crimes only carry a maximum fine of $10,000.

https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf
 

Observe & Report

Well-Known Member
If you haven't even been charged with a crime then any fine is excessive, no? This is going to put a major damper on the highway robbery that the state police engage in.
 

Observe & Report

Well-Known Member
I think I read too much into this. While it will keep people who grow their own from losing their house and keep the cops from seizing your car because they found a roach (or because you drove to a "date" ;-)), it probably won't help people pulled over for DWB with too much cash, or people who finance houses by lighting them up. Those cases concern the proceeds of crime and not fines.

Still a big win for head stash growers.
 
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