Small Heroin Sale Tees Up High Court Test of Forfeiture Laws
A challenge to a rare legal scenario in which a federally protected civil liberty has not yet been extended to apply to state law enforcement will be heard Nov. 28 by the U.S. Supreme Court in a case that started with a $260 heroin sale, the Indianapolis Star reports. So far, Indiana state courts have said their hands are tied until the nation’s high court rules that the 8th Amendment’s protection against excessive fines applies to civil asset forfeiture by state agencies.
The case started when a self-described “junkie,” Tyson Timbs, was driving his $42,000 Land Rover he bought with an inheritance when he was arrested for selling heroin to undercover officers. Timbs pleaded guilty and forfeited ownership of the vehicle, even though the maximum potential fine for his crime was $10,000, the Star reports. Timbs’ actual sentence was home detention, probation and court fees. The libertarian Institute for Justice took up Timbs’ case and attracted amicus brief support for its case from both the liberal American Civil Liberties Union and conservative United States Chamber of Commerce.
Additional Reading:
Data Center Contracts & SLAs: Legal Drafting for Performance & Protection | The Surprising Truth About ‘Dirty Money’ | Novel Cooling Technologies: Cutting Energy Costs in Data Centers | Five Myths of Civil Forfeiture | The Debate over Civil Asset Forfeiture | JUSTICE MANUAL 9-115.000 – Use And Disposition Of Seized And Forfeited Property | Data Retention Policies: Minimizing Legal Risks for Data Centers | Criminal Justice Reform? We’re Making Progress | Protecting Your Business: Legal Strategies | The AI Data Center Boom: Legal Hurdles and Opportunities | Why Rhode Island Needs Civil Asset Forfeiture Reform | Utility & Infrastructure Agreements: Legal Contracts for Data Center Lifelines | Condo board looks to evict buyer of heavily discounted 1MDB penthouse | Managing Data Center Cabling Projects: Avoiding Construction Disputes & Code Violations | Asset Forfeiture; a Commentary on the Legal Marijuana Industry’s Achilles Heel | People Have Few Protections Against Law Enforcement Civil Asset Forfeiture Practices | Zero Trust Architectures: Data Center Security in a Post-Perimeter Era | Clarence Thomas vs. Jeff Sessions on Civil Asset Forfeiture | How Asset Forfeiture Drives the Police State | Understanding Asset Forfeiture: Your Legal Defense | Divestitures & Carve-outs in Data Centers: Legal Strategies for Asset Separation | Sessions Creates DOJ Asset Forfeiture Watchdog | Asset Forfeiture — What Kind of Property Can the Government Seize? | Dan King on Why Biden Should Tackle Civil Asset Forfeiture and Legalized Theft from Americans
Additional Reading:
Seized Asset Attorney California – Rucci Law | American Forfeiture Law: Property Owners Meet the Prosecutor | Sen. Lee Questions ATF Nominee on Civil Asset Forfeiture | Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong. | MI Prosecutor Quits Over Forfeiture Fund Charges | State report on civil asset forfeiture laws in Florida suggests reforms are needed | Dirty money: How asset forfeiture is returning billions to the federal coffers | Will DOJ’s Civil Forfeiture Reform Mean More Accountability? | Civil Forfeiture: Legalized Theft by Police & Government | FBI Seized $86 Million In Raid On Innocent Americans’ Safe Boxes After Duping Judge For Warrant | The Continuing Perversity of Civil Asset Forfeiture | Notice Requirements in Forfeiture Cases | This Federal Program Lets Cops Seize Cash, Evade State Laws And Keep Over A Billion Dollars | Massachusetts Worst in Nation for Civil Forfeiture Laws | Man Has Life Savings Stolen By Civil Asset Forfeiture | Reforming Civil Asset Forfeiture | Seized Cash Recovery – Rucci Law | Breaking Down Asset Forfeiture: Know Your Rights | California May Be Next to Pass Police Asset Forfeiture Reform | Civil Asset Forfeiture with AGLA | DOJ Announces New Rules for Civil Asset Forfeiture | 18 U.S.C. § 981. CIVIL FORFEITURE | Forfeited profits: Why the feds chronically undersell seized property | Forfeiture Defense & Civil Liberties Organizations
