He lost $42,000 Land Rover for $385 crime; Supreme Court considers whether fine is unconstitutional

[Yo_Mama_Been_Loggin]

Nov. 28--WASHINGTON -- The Supreme Court on Wednesday took up a case from Indiana to settle a question that might seem obvious to some: Does the ban on "excessive fines" in the Bill of Rights apply to states?

The 8th Amendment to the Constitution, which prohibits "cruel and unusual punishments," also says "excessive bail shall not be required, nor excessive fines imposed."

But last year, the Indiana Supreme Court upheld the state's seizure of a $42,000 Land Rover from a man who made two small drug sales valued at under $400. It rejected his claim that this was "excessive" and ruled the 8th Amendment did not protect him.

That decision ran into sharp skepticism Wednesday from the justices and will almost surely be reversed.

https://www.msn.com/en-us/news/us/he-lost-dollar42000-land-rover-for-dollar385-crime-supreme-court-considers-whether-excessive-fines-are-unconstitutional/ar-BBQdFj6?li=BBnbcA1

[tymorial]

1. Asset seizure and forfeiture pays for the "war on drugs"

Not only that, many state and federal agencies rely on this "income" as part of their operating budget. Many times those who have their assets and money seized are never charged with a crime.



https://www.washingtonpost.com/news/wonk/wp/2017/03/29/since-2007-the-dea-has-taken-3-2-billion-in-cash-from-people-not-charged-with-a-crime/?utm_term=.885a2aca3981

[bitterross]

5. Which is precisely why it needs to be curbed.

It leads to bad behavior by the law enforcement people and prosecutors.

[PoliticAverse]

2. "Here we are in 2018 still litigating incorporation of the Bill of Rights. Really? Come on, general"

https://apnews.com/f60d5690704648edbf7a967cb6d6e8df

[Stallion]

3. Its Been a Ridiculous Interpretation of the 8th Amendment for Decades

Get rid of this confiscatory precedent now-it is horribly abusive especially to those without the financial means to contest the seizure

[Takket]

4. of course the 8th applies to all persons, even those under state charges

just like the first applies and prevents the police from arresting you for peacefully/legally protesting

and the second prevents them from taking your guns if you've done nothing wrong