The problem of disproportional civil forfeiture has been a significant issue for a long time. Civil rights advocates point out that since these are civil cases, there’s no right to appointed counsel, so most go undefended. Basically a cheap way for states to raise revenue. (The Feds do it too but most of the ones I’ve seen personally have been big drug cases where drug proceeds funded the forfeited homes, cars, bank accounts, etc.)
In 2019, SCOTUS said the Excessive Fines clause applied to civil forfeiture, and that the forfeiture can’t be “grossly disproportionate.” In that case, Timbs v Indiana, a guy had sold a few hundred dollars of heroin The state brought forfeiture proceedings against his car(*) in addition to criminal proceedings.
Couple of things made it a good case for review. The car was not purchased with drug proceeds. The maximum criminal fine for the offense was $10,000. The car was a $42,000 Range Rover. And the trial court already found it to be excessive
Many states have modified their forfeiture procedures. Some, including Alaska, have not, coming up with ways they claim theirs is not excessive. (Simplistically, the harm addressed by the statute rather than harm caused by this defendant.) One of the goals of seeking SCOTUS review is to get some guidelines on what are the elements to look at in deciding whether a forfeiture is disproportionate, which wasn’t done in the Indiana case.
No predictions on how this SCOTUS will handle it or whether they will handle it at all, although I will mention the Indiana case was a unanimous decision.
(*) yes, “against his car.” Technically, forfeiture proceedings are what the law refers to as “in rem” - “against the thing,” not the person who owns or has a legal interest in it.