Bennis v. Michigan

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1996 United States Supreme Court case

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 .

Background

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Tina B. Bennis was a joint owner, with her husband, of an automobile. Detroit police arrested her husband, John Bennis, after observing him engaged in a sexual act with a prostitute in the automobile while it was parked on a Detroit city street. 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.[_citation needed
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See also

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• List of United States Supreme Court cases, volume 516

• List of United States Supreme Court cases

• Lists of United States Supreme Court cases by volume

• List of United States Supreme Court cases by the Rehnquist Court

• Nebraska v. One 1970 2-Door Sedan Rambler (Gremlin)

Sources

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• 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

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Text of Bennis v. Michigan, 516 U.S. 442 (1996) is available from: Cornell Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)

Retrieved from "https://en.wikipedia.org/w/index.php?title=Bennis_v._Michigan&oldid=1330672623 "

Categories :

• United States Supreme Court cases

• United States Supreme Court cases of the Rehnquist Court

• United States civil forfeiture case law

• United States Supreme Court cases in 1996

• Takings Clause case law

• Legal history of Michigan

• Prostitution law in the United States

• History of Detroit

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