One of the evils of the criminal justice system that we at RedState have editorialized against over the years is civil asset forfeiture. This Orwellian process involves law enforcement confiscating property they allege to be the product of a crime without the inconvenience of either specifying the crime, charging a criminal, or even showing that a crime happened. This is from Heritage Foundation’s Civil Asset Forfeiture: 7 Things You Should Know:

https://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know

https://dailycaller.com/2015/01/30/the-7-most-egregious-examples-of-civil-asset-forfeiture/

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A trial court judge ordered the Land Rover returned as it was clearly bought with proceeds from a life insurance policy and it was excessive. The Indiana Supreme Court ruled that that silly old Eighth Amendment had never been incorporated, that is, made applicable to the states and because of that, the Indiana cops could do as they damned well pleased.

At the Supreme Court arguments, it was pretty clear that Indiana was on very unsteady ground with five justices very skeptical about the state’s arguments. No one knew just how skeptical the Supreme Court was until earlier this morning:

The Supreme Court ruled unanimously Wednesday that states may not impose excessive fines, extending a bedrock constitutional protection but potentially jeopardizing asset-forfeiture programs that help fund police operations with property seized from criminal suspects. //

The court also held that the Eighth Amendment did, indeed, apply to the states. This is the decision.