Bennis v. Michigan

Bennis v. Michigan

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
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

Sources

External links

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


This article is issued from Wikipedia - version of the 7/1/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.