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Bennis Vs. Michigan
Cites for this judgment
- US Supreme Court
- Nov 29, 1995
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U.S. 442 (1995) October Term, 1995 Syllabus Bennis V. MichiganSearch
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which the property is put even though the owner did not know that it was to be put to such use. See, e. g., Van Oster v. KansasSearch
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U. S. 465 ,467-468, and Calero-Toledo v. PearsonSearch
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U. S. 71 , 80, and Austin v. UnitedSearch
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fixed in the country's punitive and remedial jurisprudence to be now displaced. Cf. J. W Goldsmith, Jr.-Grant Co. v. UnitedSearch
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under the exercise of governmental authority other than the power of eminent domain. See, e. g., United States v. FullerSearch
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did not know of or consent to the misuse of the Bennis car, and concluded in light of our decisions in Van Oster v. KansasSearch
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U. S. 465 (1926), and Calero-Toledo v. PearsonSearch
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she was accorded both. Cf. United States v. JamesSearch
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Harmony v. UnitedSearch
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States, 2 How. 210, 234 (1844) (emphasis added). In Dobbins's Distillery v. UnitedSearch
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In Van Oster v. KansasSearch
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Id., at 467-468. The Van Oster Court relied on J. W Goldsmith, Jr.-Grant Co. v. UnitedSearch
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id., at 511.5 5 In Austin v. UnitedSearch
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States, 509 U. S. 602 , 617 (1993), the Court observed that J. W Goldsmith, Jr.-Grant Co. v. UnitedSearch
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In Calero-Toledo v. PearsonSearch
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cannot claim she was in the former situation. The dissent, post, at 466-468, and n. 12, quoting Peisch v. WareSearch
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Kokkonen v. GuardianSearch
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doctrine in forfeiture cases. She cites Foucha v. LouisianaSearch
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defendant may not be punished for a crime if he is found to be not guilty. She also argues that our holding in Austin v. UnitedSearch
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lawfully acquired under the exercise of governmental authority other than the power of eminent domain. United States v. FullerSearch
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see United States v. RandsSearch
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J. W Goldsmith, Jr.-Grant Co. v. UnitedSearch
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reminder that the Federal Constitution does not prohibit everything that is intensely undesirable. See, e. g., Herrera v. CollinsSearch
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in England and this country, both before and after the adoption of the Fifth and Fourteenth Amendments. Cf. Burnham v. SuperiorSearch
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sanction of settled usage both in England and in this country must be taken to be due process of law) (citing Hurtado v. CaliforniaSearch
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U. S. 516 , 528-529 (1884)). Indeed, 70 years ago this Court held in Van Oster v. KansasSearch
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property in crime for purposes of forfeiture law-are not clear to me. See United States v. JamesSearch
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ascribable to petitioner in this case. Finally, I shall explain why I believe our recent decision in Austin v. UnitedSearch
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have dramatically enlarged this category to include the earnings from various illegal transactions. See United States v. ParcelSearch
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see O. Holmes, The Common Law 27, 3 See, e. g., Tryphenia v. HarrisonSearch
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F. Cas. 252 (No. 14,209) (CC Pa. 1806) (Washington, J.). 4 See C. J. Hendry Co. v. MooreSearch
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period of years or for a seizure of such property because its principal use is unlawful. Thus, in Dobbins's Distillery v. UnitedSearch
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justify the confiscation of an ocean liner just because one of its passengers sinned while on board. See, e. g., Phile v. ShipSearch
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on forfeited conveyances, for example, involved offenses of which transportation was an element. In Van Oster v. KansasSearch
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the applicable statute prohibited transportation of intoxicating liquor. See id., at 466. See also Carroll v. UnitedSearch
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States, 267 U. S. 132 , 136 (1925) (car 7 See, e. g., Van Oster v. KansasSearch
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General Motors Acceptance Corp. v. UnitedSearch
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United States v. CommercialSearch
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U. S. 63 (1932) (same). 463 had concealed compartments for carrying liquor). In Calero-Toledo v. PearsonSearch
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of an offense. See United States v. JamesSearch
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a narcotic drug. See App. in Calero-Toledo v. PearsonSearch
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as a burglar's tools) will prevent repeated violations of the law (such as housebreaking). See, e. g., United States v. OneSearch
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