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Articles Tagged with excessive fines

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alabama-1611179_1920-300x287After the Supreme Court ruled last month that the Excessive Fines Clause of the Eighth Amendment applied to states—essentially outlawing excessive police seizures—lawmakers in Alabama are moving forward with reforms of civil asset forfeiture in the state.

Civil asset forfeiture is the legal process where police can seize an individual’s property, cash, or any other assets if they are suspected of being used in a crime. In Alabama there are no requirements for law enforcement to report seizures, so the scale of civil asset forfeitures in the state is hard to assess. Additionally, in order to take an individual’s assets, law enforcement only needs to demonstrate the property’s involvement in a crime to the court’s “reasonable satisfaction.” This is a far lower bar than the “beyond a reasonable doubt” that is required in criminal cases.
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supreme-court-546279_1920-300x195On Wednesday, the U.S. Supreme Court heard arguments in a case which could transform civil asset forfeiture in America. Groups from across the political spectrum presented briefs opposing civil asset forfeiture, asserting that civil forfeiture hurts business and is an affront to civil liberties.

Earlier this year, I reported on the case of Tyson Timbs. In 2013, he was arrested for selling four grams of heroin to an undercover police officer in Indiana. He was sentenced to five years of probation and a year of home arrest. Additionally, he paid legal fees in excess of $1,200 and attended a court-supervised drug treatment program.
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