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The Supreme Court has held that the Excessive Fines Clause prohibits fines that are "so grossly excessive as to amount to a deprivation of property without due process of law". The Court struck down a fine as excessive for the first time in United States v. Bajakajian (1998). Under the Excessive Bail Clause, the Supreme Court has held that the ...
United States v. Bajakajian (1998) is the first and only case in which the Supreme Court has declared a criminal fine constitutionally excessive. There, the government sought the forfeiture of $357,144 from Hosep Krikor Bajakajian solely as a penalty for not declaring that amount to Customs when leaving the country.
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Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments.
Civil forfeitures are subject to the "excessive fines" clause of the U.S. Constitution's 8th amendment, both at a federal level and, as determined by the 2019 Supreme Court case, Timbs v. Indiana, at the state and local level. [5] A 2020 study found that the median cash forfeiture in 21 states which track such data was $1,300. [6]
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