A Case Over A Case

Can nan authorities conscionable return your plane?

A lawsuit has been slow making its measurement to nan Supreme Court hinging connected 1 question: Can nan authorities return this guy’s plane?

The communicative began successful 2012, erstwhile Ken Jouppi, a aviator successful Alaska, was taking a rider from nan metropolis of Fairbanks to nan municipality of Beaver (population: 48). Pilots for illustration Ken often ferry group successful backstage planes to much distant settlements. Among nan passenger’s groceries were 3 cases of beer, intended arsenic a gift for her husband. Unfortunately, Beaver is simply a barren town; frankincense Ken and his rider were breaking nan rule by bringing successful alcohol. State troopers searched nan plane, and recovered nan beer.

But alternatively than conscionable seizing nan Budweiser, and hitting Ken and his rider pinch a good aliases a citation (they did that too: Ken paid a $1,500 punishment and spent 3 days successful jail), prosecutors besides decided to prehend nan full plane, a 1969 Cessna U206D. A $95,000 aircraft, complete 3 cases of beer.

Ken first fought his lawsuit successful beforehand of nan Alaska Supreme Court. Who sided pinch nan prosecutors, agreeing that this was a perfectly valid seizure, and did not breach nan US Constitution’s Excessive Fines Clause.

With nan help of nan Institute for Justice, Ken is now taking his lawsuit to nan United States Supreme Court. If he prevails (and we dream he will), this would beryllium different rustle against nan strategy of plus forfeiture successful nan US.

The civilian forfeiture cases against which IJ continually fights are, unfortunately, nan extremity of nan iceberg. The magnitude seized successful nan United States is sometimes higher than that taken successful burglaries. The seizures are often disproportionate successful worth to nan alleged offenses and are not reflective of nan wide public’s position of justice. Sometimes nan group whose spot is seized person not moreover been charged pinch a crime, fto unsocial convicted.

Authorities empowered to prehend backstage spot time off victims pinch constricted recourse. For those who conflict back, nan processes are lengthy and expensive, contempt protections successful nan Fourth Amendment against unreasonable searches and seizures, and successful nan Eighth Amendment connected “excessive fines.” In fact, nan US wildly outpaces different communal rule countries successful allowing section officials to return people’s stuff. And courts person been reluctant to reside this, conscionable arsenic authorities and national legislators person been disinclined to rein nan believe in.

If agents of nan authorities return your possessions, and nan onus is connected you to reason why you should get them back, this is not liberty.

Last year’s Rebel Ridge, starring Don Johnson, astatine slightest suggested Hollywood mightiness beryllium taking liking successful this benignant of injustice. The crippled revolves astir a man carrying rate to salary bail for a relative, who is pulled complete by section cops and has nan money seized. This scenario—of motorists pulled over, only to person their possessions taken—happens pinch alarming wave successful immoderate jurisdictions.

But Rebel Ridge framed nan rumor arsenic section corruption of cops, alternatively than nan broader strategy that allowed it to flourish. Systems wherever section constabulary departments are expected to money themselves done fines and seizures are a moral hazard, arsenic anyone could anticipate.

Civil forfeiture is not new, and we’ve been covering it at FEE for years. A number of states have laws against it, but acold excessively galore don’t.

It takes group for illustration Ken to get nan strategy changed. As he explained:

This lawsuit isn’t conscionable astir maine aliases my airplane anymore. I’m successful my 80s now, and I’ve been fighting this for complete a decade because I spot it arsenic my work to guarantee that nan Bill of Rights really intends thing successful protecting against authorities overreach.