Bennis v. Michigan
Primary source
Background below is sourced from Wikipedia (CC BY-SA 4.0). We link back to the source for attribution; edits made by Wikipedia editors after our last scrape may not appear here.
Background
From Wikipedia, the free encyclopedia
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
[(https://en.wikipedia.org/w/index.php?title=Bennis_v._Michigan&action=edit§ion=1 "Edit section: Background")
]
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
_]
See also
[(https://en.wikipedia.org/w/index.php?title=Bennis_v._Michigan&action=edit§ion=2 "Edit section: See also")
]
Sources
[(https://en.wikipedia.org/w/index.php?title=Bennis_v._Michigan&action=edit§ion=3 "Edit section: Sources")
]
- 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
[(https://en.wikipedia.org/w/index.php?title=Bennis_v._Michigan&action=edit§ion=4 "Edit section: External links")
]
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 "
Hidden categories:
Search
Search
Bennis v. Michigan
Add languages Add topic
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.