3 ms·
SCOTUS actually ruled on this in 2019. https://www.aclu.org/blog/criminal-law-reform/reforming-police/supreme-court-didnt-put-nail-civil-asset-forfeitures https
by gamblor956 6y ago
SCOTUS actually ruled on this in 2019. https://www.aclu.org/blog/criminal-law-reform/reforming-police/supreme-court-didnt-put-nail-civil-asset-forfeitures https://www.aclu.org/blog/criminal-law-reform/reforming-poli...
It ruled that civil asset forfeitures are subject to the 8th Amendment prohibition against excessive monetary fines. This doesn't mean that they necessarily violate the 8th Amendment, only that they are subject to it. Unfortunately, almost every state already has such a restriction on their books and it hasn't stopped CAFs yet.
It's likely that another CAF case would result in the court deeming federal CAFs to violate the Sixth Amendment where the CAF is not actually related to a criminal conviction. (This is conjecture based on certain justices' remarks to the Federalist Society before they were appointed to SCOTUS.)