FACTS Hosep Krikor Bajakajian checked baggage at the Los Angeles International Airport in anticipation of a flight to Syria. While he and his wife were waiting to depart, a United States Customs Service dog detected currency in their baggage; a search revealed moreMaveal, Gary M...
What counts as "unreasonable" depends on the situation, but a newly-added amendment to the bylaw defines its as "Any noise that would disturb the peace, rest, enjoyment, comfort or convenience of a reasonable person in the circumstances." "Unreasonable noise does not include commonplace househol...
This article discusses the decision of the U.S. Supreme Court on the case Austin versus U.S., wherein the Court unanimously held civil in rem forfeitures must comply with the Excessive Fines Clause of the Eighth Amendment. In doing so, the Court reversed a substantial body of precedent, ...
Topics discussed include claims of violating Excessive Fines clause of the U.S. Constitution for the removal of television antenna, punitive damages caused due to civil trials, and grant of certiorari of the U.S. Supreme Court.LyonsTouro College...
BACKGROUND AND SIGNIFICANCE Austin asks the Supreme Court to impose a significant limitation of civil forfeitures: that they be subject to the Eighth Amendment's command that" excessive fines [shall not be] imposed." By analogizing forfeitures to fines, heMaveal, Gary M...
Holden, John T.Arizona Law Review
excessive finesEighth Amendmentwar on drugslaw enforcementpoliceconstitutionalunconstitutionalCivil asset forfeiture is a law enforcement policy frequently abused by federal and state law enforcement agencies. These seizures are preferred because no criBrent Skorup...
Forfeitures and the Eighth Amendment: Applying the Excessive Fines Clause as a Check on Government SeizuresCivil forfeiture procedure, notwithstanding reform-oriented legislation in 2000, continues to generate controversy, as it permits law enforcement to seize assetPimentel, David...
Part II reviews and analyzes the meager Supreme Court precedents with respect to the Excessive Fines Clause of the Eighth Amendment. All of recent vintage, the Court's holdings make clear that the Eighth Amendment has application to civil fines. In deference to the legislative branch and in ...
Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government SeizuresFor a while, Thomas grew marijuana in the back yard—and threatened to kill himself every time his parents tried to cut it down. In 1987, the police caught Thomas, then...