Despite Supreme Court ruling, seized Land Rover not returned

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 sided with him for a key ruling on excessive criminal fines earlier this year.
The Indiana Supreme Court said in a 4-1 ruling issued Monday 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 Eighth Amendment ban on excessive fines — like much of the rest of the Bill of Rights — 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 and that the vehicle's value should not be a factor.
Indiana Chief Justice Loretta Rush, however, wrote in the court's opinion that the punishment's magnitude must be considered.
"The owner's economic means — relative to the property's value — is an appropriate consideration for determining that magnitude," she wrote. "To hold the opposite would generate a new fiction: that taking away the same piece of property from a billionaire and from someone who owns nothing else punishes each person equally."

http://www.startribune.com/despite-supreme-court-ruling-seized-land-rover-not-returned/564039312/

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Despite Supreme Court ruling, seized Land Rover not returned

Despite Supreme Court ruling, seized Land Rover not returned

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