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]
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. ISBN978-1-59523-050-8.
External linksedit
Text of Bennis v. Michigan, 516U.S. 442 (1996) is available from:CornellFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
April 10, 2024
bennis, michigan, 1996, decision, united, states, supreme, court, which, held, that, innocent, owner, defense, constitutionally, mandated, fourteenth, amendment, process, cases, civil, forfeiture, supreme, court, united, statesargued, november, 1995decided, ma. 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 Bennis v MichiganSupreme Court of the United StatesArgued November 29 1995Decided March 4 1996Full case nameTina B Bennis v MichiganCitations516 U S 442 more 116 S Ct 994 134 L Ed 2d 68Case historyPriorMich ex rel Prosecutor v Bennis 447 Mich 719 527 N W 2d 483 1994 HoldingThe forfeiture order did not offend the Due Process Clause of the Fourteenth Amendment or the Takings Clause of the Fifth Amendment Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionsMajorityRehnquist joined by O Connor Scalia Thomas GinsburgConcurrenceThomasConcurrenceGinsburgDissentStevens joined by Souter BreyerDissentKennedy Contents 1 Background 2 See also 3 Sources 4 External linksBackground editTina 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 editList 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 editBeatty 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 editText 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 amp oldid 1175139045, wikipedia, wiki, book, books, library,
