SoylentNews

Unanimous Supreme Court Strikes a Blow in Favor of Civil Liberties (Limiting Civil Forfeiture)

posted by takyon on Thursday February 21 2019, @03:11AM   
from the kick-back dept.

mhajicek writes:

Supreme Court curbs power of government to impose heavy fines and seize property

In a unanimous decision, the Supreme Court on Wednesday ruled to drastically curb the powers that states and cities have to levy fines and seize property, marking the first time the court has applied the Constitution's ban on excessive fines at the state level.

Justice Ruth Bader Ginsburg, who returned to the court for the first time in almost two months after undergoing surgery for lung cancer, wrote the majority opinion in the case involving an Indiana man who had his Land Rover seized after he was arrested for selling $385 of heroin.

"Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties," Ginsburg wrote. "They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue."

Also at National Review, SCOTUSblog, and NPR.

---

Original Submission

• Re:Drug dealer recovers expensive car... (Score: 3, Insightful) by driverless on Thursday February 21 2019, @07:50AM

  by driverless (4770) on Thursday February 21 2019, @07:50AM (#804418)

  The fact that in many areas the police just get to keep what they found unless the court makes them give it back gives a massive incentive for the police to seize things in case they get to keep it.

  That's the disturbing thing about this, it's legal brigandage, something they used to hang people for up until a few hundred years ago.

  Parent

  Starting Score:	1		point
  Moderation		+1
  Insightful=1, Total=1
  Extra 'Insightful' Modifier		0
  Karma-Bonus Modifier		+1
  Total Score:		3