criminal asset forfeiture

In a unanimous decision in Timbs v. Indiana the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause is “incorporated” or applicable to the states and local governments.

The State and Local Legal Center (SLLC) amicus brief argued for the opposite result. In the alternative, the brief argued that the forfeiture in this case isn’t unconstitutionally excessive. The Supreme Court didn’t reach the latter question. This case will make it possible for criminal defendants in all 50 states to challenge forfeitures as excessive under the federal constitution.

The issue in Timbs v. Indiana is whether the Eighth Amendment Excessive Fines Clause applies to the states. The State and Local Legal Center (SLLC) Supreme Court amicus brief rejects the argument that the Fourteenth Amendment incorporates all rights included in the first eight Amendments. It also argues that the forfeiture in this case isn’t unconstitutionally excessive.

Does your state criminal forfeiture statute allow the freezing of substitute assets? If so, it must now be rewritten to allow criminal defendants to use such assets to pay for an attorney of their choice.

In a 6-2 decision the Supreme Court ruled that the Sixth Amendment right to counsel includes allowing a criminal defendant to use untainted substitute assets to hire an attorney, rather than freezing them for forfeiture to the government after conviction.

The State and Local Legal Center (SLLC) filed an amicus brief arguing for the opposite result in Luis v. United States. State and local governments—police departments in particular—receive criminal asset forfeitures. Any many state forfeiture statutes allow freezing of substitute assets.