The Supreme Court decides many cases, but only a few receive much attention, and some that are worthy of notice go largely ignored. A recent ruling in a case out of Colorado is a perfect example.
Shannon Nelson and Louis Madden had been convicted of sex offenses and ordered to pay thousands of dollars in fines and restitution. Their convictions later were overturned, and they asked for their money back. Colorado said no; if they wanted refunds, then they had to file civil suits and prove their innocence.
By a 7-1 ruling (with Clarence Thomas dissenting and Neil Gorsuch abstaining because he was new to the court), the Supremes said that was unconstitutional. As Justice Ruth Bader Ginsburg wrote, “Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary exactions.”
Colorado’s statute might be unique, but the policy behind it is not. If you are arrested in Ramsey County, Minnesota, you will be charged a “booking fee” that you will not get back even if the charges are dismissed. In Kentucky, you will be charged for your upkeep in jail while awaiting charges — again, even if you are found innocent. Ohio, Illinois and many other states permit such fees as well.
Talk about adding insult to injury. First you’re wrongfully accused of a crime, fingerprinted, perhaps jailed, and forced to defend yourself from the spurious charge. Then you’re made to pay for the dubious privilege.
The Colorado case has interesting implications for another law-enforcement practice: civil asset forfeiture, also known as policing for profit. Asset forfeiture allows the authorities to confiscate your property if they suspect, or can at least claim to suspect, that it might have been used in a crime — even if they never charge you with one. To get it back, you usually have to go through a lengthy administrative process and prove yourself innocent.
That looks exactly like what the Supreme Court just said states may not do: take someone’s valuables even though they are guilty of nothing in the eyes of the law. States that have aggressive forfeiture programs — like Virginia — had better take notice.
