Despite losing in the United States Supreme Court, the state of Indiana is still arguing that there are virtually no eighth amendment limits on what it can seize using civil asset forfeiture, according to Reason.
In fact, Indiana Solicitor General Thomas Fisher argued in Indiana Supreme Court last week that it would be constitutional to seize any and every car that exceeded the speed limit. It was an argument that drew laughter from the U.S. Supreme Court last year.
Fisher said:
“This is the position that we already staked out in the Supreme Court when I was asked by Justice Breyer whether a Bugatti can be forfeited for going over five miles over the speed limit. Historically the answer to that question is yes, and we’re sticking with that position here.”
The issue has been brought to light as a result of the Indiana Supreme Court reconsidering a case where a 2015 seizure of Tyson Timbs’ $42,000 Land Rover, after he was convicted of a drug felony, was argued to have violated his eighth amendment protections against excessive fines and fees. – READ MORE