Despite Supreme Court ruling, seized Land Rover not returned
|Toronto Star 29 Oct 2019 at 10:47|
INDIANAPOLIS - An Indiana man who had his $40,000 Land Rover seized after a small-time drug deal isn’t getting it back yet, even though the U.S. Supreme Court used his case for a key ruling on excessive criminal fines earlier this year.
The Indiana Supreme Court has ruled that since Tyson Timbs of Marion used the Land Rover in committing a crime, a county judge must now consider whether its seizure is “grossly disproportional” punishment. Timbs was convicted of selling $400 worth of heroin, which led to a U.S. Supreme Court decision in February that the Constitution’s ban on excessive fines applies to states as well as the federal government.
The Indiana attorney general’s office argued the vehicle seizure was proper because it was used in commission of a crime.