In Timbs v. Indiana, the US Supreme Court ruled that the Eighth Amendment's Excessive Fines Clause applies to state asset forfeiture seizures. But key issues were left for lower courts to resolve.
Indiana is still fighting to keep Tyson Timbs' SUV seven years after it first seized the car, but for now, it's back in Timbs' driveway.
It’s all about the revenue. Civil forfeiture brings in money, and lawmakers are more worried about their budgets than residents’ due process and property rights.
In "Operation Asian Touch," federal agents coerced suspected human-trafficking victims into sex acts. Local cops seized money and threw them in jail.
And he's far from the first prosecutor to be caught with his hand in the asset forfeiture cookie jar.
Neither Terry Rolin or his daughter were ever charged with a crime, but that didn't stop the DEA from trying to seize more than $82,000 from them through civil asset forfeiture.
The lawsuit says Wayne County police stop and seize cars simply for entering or leaving certain areas.
A class-action lawsuit is now challenging the DEA's habit of seizing large amounts of cash from travelers without evidence of any crime.
New Jersey took two major steps toward increasing transparency and strengthening protections for property owners against civil asset forfeiture.
St. Charles County law enforcement used shady practices to seize motorists' assets without convictions.
The drug wars will continue until the state gets its cut of the money.
The Institute for Justice asks the Supreme Court to block sneaky tactics that prevent victims of property grabs from recovering their legal costs.
Prosecutors are hiring private attorneys to pursue asset forfeiture charges against establishments that offer coin-operated gaming.
The bill, which the state House passed yesterday, says police may seize vehicles in which they find untaxed vaping products.
A state law allows counties to effectively steal homes over unpaid taxes and keep the excess revenue for their own budgets.
The ruling is a continuation of the same case in which the federal Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment is "incorporated" against state governments and applies to asset forfeitures.
Law enforcement and prosecutors have seized millions from people they’ve arrested. That might be coming to an end.
If the court that hears the cases stands to profit from the fines paid by defendants, that's a violation of the Due Process Clause of the Constitution. The rulings have potential implications for other, similar conflicts of interest in the criminal justice system.
Former DEA special agent Chad Scott has been convicted of perjury, obstruction of justice, and falsifying government records.
Sanders' plan takes aim at every part of the justice system, including typical Sanders targets like private prisons and corporate "profiteers."
It's a nasty mix of police militarization and civil asset forfeiture.
Aggressive asset forfeiture collides with First Amendment rights.
"Historically the answer to that question is yes, and we're sticking with that position here."
A provision of the Taxpayer First Act requires evidence of other illegal activity for seizures based on "structuring" and mandates prompt hearings.
Surrender the Fifth Amendment or the dog dies.
A new study by the Institute for Justice says federal asset forfeiture funds have little to no impact on solving crimes, suggesting police are more interested in the revenue it generates
Alabama is one of the least transparent states in the U.S. when it comes to civil asset forfeiture. That could be changing.
Michigan Gov. Gretchen Whitmer has signed three bills to limit civil asset forfeiture.
Police had wide authority to seize assets without having to prove a crime even happened, but now the state is tightening the rules.
Greg and Teresa Almond filed a federal civil rights lawsuit against the Randolph County Sheriff's Department after it raided their house and seized their savings for a misdemeanor pot offense.
Greg and Teresa Almond lost their house after a financially devastating drug raid involving civil asset forfeiture.
My testimony addressed the general problem of asset forfeiture, the potential impact of the Supreme Court's recent decision in Timbs v. Indiana, and Arkansas' recent reform law.
This 1991 Senate floor speech shows Biden's central role in crafting disastrous crime policies.
The expenses included five-star Parisian hotels and sumptuous dinners.
Arkansas joins three other states in requiring police secure a conviction before they can seize a person's property.
County officials say the Lancaster County district attorney's use of $20,000 in funds intended for drug enforcement to lease an SUV is "improper."
Reports show Michigan police seize cash and cars from hundreds of people who are never convicted of a crime. Momentum is building to stop it.
Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.
The Eighth Amendment prohibition against excessive fines and fees applies to states as well, SCOTUS rules, opening a new way to challenge outlandish forfeitures.
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
"Exactly what sources and what individuals this money comes from is obscure, and it's obscure because that's the way the federal government wants it."
South Carolina would become the fourth state to abolish the practice of seizing property without a criminal conviction.
The future of civil asset forfeiture law in the United States now revolves around a single Land Rover.
"The robber didn't get anything, but the police got everything."
2018 was a mixed bag, but that means there was still a lot of good news.
Do you care about free minds and free markets? Sign up to get the biggest stories from Reason in your inbox every afternoon.
This modal will close in 10
