4 ms·
TLDR; The trial court ruled that seizing the Land Rover constituted an excessive fine under the 8th ammendment, so was not protected. The state supreme court
by shkkmo 8y ago
TLDR;
The trial court ruled that seizing the Land Rover constituted an excessive fine under the 8th ammendment, so was not protected.
The state supreme court ruled that the US supreme court had never said that the 8th amendment applies to state governments.
The US supreme court just said "Ok, now it does"
Now state trial court judges can use the 8th amendment to deny civil forfeiture attempts. It also now serves as a basis to appeal civil forfeiture rulings.
While this seems like a positive ruling, all it does is extend the rules that cover the federal government to the states. Given the abuses of the federal governement, I don't see much hope for this ruling changing anything.