Supreme Court likely to apply excessive-fines ban to states

WASHINGTON >> The Supreme Court left little doubt Wednesday that it would rule that the Constitution’s ban on excessive fines applies to the states, an outcome that could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.

A decision in favor of 37-yearold Tyson Timbs, of Marion, Indiana, also could buttress efforts to limit the confiscation by local law enforcement of property belonging to someone suspected of a crime. Police and prosecutors often keep the proceeds.

Timbs was on hand at the high court for arguments that were largely a one-sided affair in which the main question appeared to be how broadly the state would lose.

The court has formally held that most of the Bill of Rights applies to states as well as the federal government, but it has not done so on the Eighth Amendment’s excessive-fines ban.

Justice Neil Gorsuch was incredulous that Indiana Solicitor General Thomas Fisher was urging the justices to rule that states should not be held to the same standard.

“Here we are in 2018 still litigating incorporation of the Bill of Rights. Really? Come on, general,” Gorsuch said to Fisher, using the term for holding that constitutional provisions apply to the states.

Justice Stephen Breyer said under Fisher’s reading police could take the case of a driver caught going 5 mph (8 kph) above the speed limit.

“Anyone who speeds has to forfeit the Bugatti, Mercedes or special Ferrari, or even jalopy,” Breyer said.

Fisher agreed.

It was unclear whether the justices also would rule to give Timbs his Land Rover back or allow Indiana courts to decide that issue. Some justices seemed willing to take that additional step.

“If we look at these forfeitures that are occurring today ... many of them are grossly disproportionate to the crimes being charged,” Justice Sonia Sotomayor said.