Bennis v. Michigan

The Court's ruling in the Bennis case represented a reversal of what appeared to be a growing concern over the use of forfeitures by the government. In 1993, the Court established a constitutional safeguard when it ruled that forfeitures were subject to the Eighth Amendment's prohibition of excessive fines. The Bennis decision appeared to be a dismantling of the protections the Court had erected in forfeiture cases.

The Bennis case bolstered government authority to confiscate property used to commit a crime. Prosecutors, who considered forfeiture laws a useful tool in the war against crime, welcomed the apparent change in the Court's attitude toward forfeiture. Prosecutor John O'Hair noted that in seven years the Detroit police had seized 9,000 cars from individuals who patronized prostitutes, and that this was the only program that had any effect in fighting prostitution. Larry L. Roberts, the prosecutor who argued the Bennis case, noted that the policy of confiscating johns' cars has spread from the inner city to the suburbs.

Defense attorneys, libertarian conservatives, and the banking industry have expressed concern over the decision in Bennis v. Michigan. The American Bankers Association worried that financial institutions might have to inspect property to determine if it was being used properly. A brief filed by the ABA noted that, "The state's assertion of sweeping authority to seize property rights of those who have done nothing wrong is frightening."