Feb
20

Why Timbs v. Indiana May Mean the End of the Line for Forfeitures in Minnesota

On February 20, 2019, the Supreme Court of the United States ruled that the Excessive Fines Clause in the 8th Amendment to the U.S. Constitution applies to civil forfeitures resulting from state criminal prosecutions. Timbs v. Indiana, __ U.S. __, No. 17-1091, (U.S. Feb. 20, 2019).

Minnesota, like most states, has civil forfeiture laws that allow the state to permanently take property from you when that property is used in connection with the commission of a crime.  For example, Minn. Stat. 609.5314 permits the state to take money, precious metals, or precious stones if they are found in...