The Grant County, Indiana civil forfeiture case is on its way to the United States Supreme Court. Did you know that your property could be seized by the State of Indiana if you are charged with certain criminal offenses? Examples of property include your home, vehicles, cash, and other items. It is possible that your property could be seized through the Indiana civil forfeiture law.
Tyson Timbs’ Case
Tyson Timbs had property seized through the Indiana civil forfeiture law. His 2012 Land Rover was seized and ultimately forfeited because he was convicted for Dealing as a Class B Felony and Conspiracy to Commit Theft – a Class D Felony. In Timbs’ case, the State was ultimately successful in obtaining the Land Rover. This happened because the car’s usage or intended usage was for the transportation of a controlled substance for the purpose of dealing.
Timbs’ case is on its way to the United States Supreme Court for the court to determine several issues. First, the courts must determine if the item was purchased legally. If so, they will decide to what extent that factors into the case. Second, they will determine if forfeiture is warranted when the item is grossly disproportionate to the offense committed. And lastly, the courts will rule whether the Eighth Amendment’s Excessive Fines clause should be applied to the State of Indiana.
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