Bennis v. Michigan

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Bennis v. Michigan
Seal of the United States Supreme Court.svg
Argued November 29, 1995
Decided March 4, 1996
Full case name Tina B. Bennis v. Michigan
Citations 516 U.S. 442 (more)
116 S. Ct. 994
Prior history Certiorari to the Supreme Court of Michigan
Holding
The forfeiture order did not offend the Due Process Clause of the Fourteenth Amendment or the Takings Clause of the Fifth Amendment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Majority Rehnquist, joined by O'Connor, Scalia, Thomas, Ginsburg
Dissent Stevens, joined by Souter, Breyer
Dissent Kennedy

Bennis v. Michigan, 516 U.S. 442 (1996), was a decision by the United States Supreme Court, which held that the innocent owner defense is not constitutionally mandated by Fourteenth Amendment Due Process in cases of civil forfeiture.

Tina B. Bennis was a joint owner, with her husband, of an automobile in which her husband engaged in sexual activity with a prostitute. In declaring the automobile forfeit as a public nuisance under Michigan's statutory abatement scheme, the trial court permitted no offset for petitioner's interest despite her lack of knowledge of her husband's activity. The Michigan Court of Appeals reversed but was, in turn, reversed by the Michigan Supreme Court, which concluded, among other things, that Michigan's failure to provide an innocent-owner defense was without federal constitutional consequence under this Court's decisions.

See also[edit]

Sources[edit]

  • Beatty, M. E. (1996). "Bennis v. Michigan: The Supreme Court Clings to Precedent and Denies Innocent Owners a Defense to Forfeiture". Mercer Law Review. 48: 1265. ISSN 0025-987X. 
  • Ingram, R. T. (1996). "The Crime of Property: Bennis v. Michigan and the Excessive Fines Clause". Denver University Law Review. 74: 293. ISSN 0883-9409. 
  • Levy, Robert A.; Mellor, William H. (2008). "Asset Forfeiture Without Due Process". The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom. New York: Sentinel. pp. 143–154. ISBN 978-1-59523-050-8. 

External links[edit]

Text of Bennis v. Michigan is available from:  Cornell  Findlaw  Justia