Timbs v. Indiana

Justia Summary

Timbs pleaded guilty in Indiana state court to dealing in a controlled substance and conspiracy to commit theft. The police seized a Land Rover SUV Timbs had purchased with money he received from an insurance policy when his father died. The state sought civil forfeiture of Timbs’s vehicle, charging that it had been used to transport heroin. Observing that Timbs had recently purchased the vehicle for more than four times the maximum $10,000 monetary fine assessable against him for his drug conviction, the trial court denied that request. The Indiana Supreme Court reversed.

The U.S. Supreme Court vacated. The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the states under the Fourteenth Amendment’s Due Process Clause, which incorporates and renders applicable to the states Bill of Rights protections “fundamental to our scheme of ordered liberty,” or “deeply rooted in this Nation’s history and tradition.” The Excessive Fines Clause carries forward protections found in sources from Magna Carta to the English Bill of Rights to state constitutions from the colonial era to the present day. Excessive fines undermine other liberties. They can be used to retaliate against or chill the speech of political enemies. In considering whether the Fourteenth Amendment incorporates a Bill of Rights protection, the question is whether the right guaranteed—not every particular application of that right—is fundamental or deeply rooted. The Excessive Fines Clause is incorporated regardless of whether application of the Clause to civil in rem forfeitures is itself fundamental or deeply rooted.