City of New Brighton v. 2000 Ford Excursion VIN 1FMNU43S2YEA74156

I respectfully dissent. The question is close, but I conclude that the forfeiture of Barnes’s car, on these facts, is in violation of the federal and state constitutional protections against excessive fines. See U.S. Const. Amend. VIII; see also Minn. Const. Art. I, § 5 (both stating “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”) (emphasis added).

The State of Minnesota faced the issue head on in State v. Rewitzer, 617 N.W.2d 407, 412 (Minn.2000). As the majority concedes, in Rewitzer, the Minnesota Supreme Court found that a…