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.
Attorneys for Tyson Timbs and the state of Indiana will argue before the U.S. Supreme Court on Nov. 28 whether the Eighth Amendment protection from "excessive fines" applies to civil forfeitures at the state level.
Prosecutors and law enforcement agencies say civil forfeiture empowers them to take the fruits of crime and use some of the proceeds to further other investigations. But critics say that creates conflicts of interest - and may even violate the state constitution.
The Indiana Supreme Court must decide whether a state constitutional requirement that "all forfeitures" be paid to the Common School Fund really means "all." Police and prosecutors have been permitted since 1984 to divert a portion of the revenue for "expenses."
Hoosiers "in the know" are getting their answers from the show that does the talking: "Indiana Week In Review." You may tune in for the news, but you'll stay for the no-holds-barred debate and discussion. A look at issues facing...