For years, IJ has stood by Tyson Timbs as he’s fought Indiana state prosecutors’ attempts to use civil forfeiture to take away his Land Rover. Today, the Indiana Supreme Court has handed Tyson and IJ a decisive and complete victory: Taking Tyson’s Land Rover over the drug offense he committed is unconstitutionally excessive, and Tyson can, at long last, keep his vehicle.

As the court this morning acknowledged, today’s decision has been a long time coming: “Reminiscent of Captain Ahab’s chase of the white whale Moby Dick,” the court wryly noted, “this case has wound its way from the trial court all the way to the United States Supreme Court and back again.” You’ll recall that IJ and Tyson won a landmark victory at the U.S. Supreme Court in February 2019, establishing that the Constitution’s protection against excessive fines and forfeitures is meaningful and applies to state and local governments.

But Tyson didn’t get his vehicle back just yet. Since then, the State of Indiana, unable to stop chasing its white whale, has continued trying relentlessly to forfeit Tyson’s car. And here at IJ, we’ve been equally relentless in defending him. Since the U.S. Supreme Court’s ruling, we’ve appeared for Tyson two times before the Indiana Supreme Court and even at a second trial in his hometown of Marion, Indiana. Today’s ruling marks the culmination of that effort, with the Indiana Supreme Court holding the forfeiture unconstitutional under the Excessive Fines Clause. Not only does this decision get Tyson’s car back, it establishes important precedent limiting government’s ability to impose excessive fines and forfeitures. Tyson’s Land Rover has become the vehicle through which all Americans now enjoy greater protection for their property.

The generous support of our donors made this hard-fought victory possible. Please consider making a tax-deductible donation so we can continue our work to establish a more free and just country for all.

Scott

Scott G. Bullock
President and General Counsel
Institute for Justice

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P.S. “Towards thee I roll, thou all-destroying but unconquering [Land Rover]; to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee. Sink all coffins and all hearses to one common pool! And since neither can be mine, let me then tow to pieces, while still chasing thee, though tied to thee, thou damned [Land Rover]! Thus, I give up the spear!”
– Moby Dick, Captain Ahab’s last words (and perhaps the words spoken in the Indiana prosecutors’ office today?)