Hewitt v. United States

In June 2025, the U.S. Supreme Court ruled in Hewitt v. United States, a landmark case involving Marcus Hewitt, whose $42,000 life savings were seized by the DEA at a Dallas airport under suspicion of drug trafficking, despite no criminal charges being filed. Hewitt argued the seizure under civil asset forfeiture violated the Eighth Amendment's Excessive Fines Clause. The Supreme Court unanimously held that the forfeiture was unconstitutional, setting a precedent that the government must demonstrate proportionality between the seized property and the alleged offense.

The U.S. Supreme Court unanimously ruled in favor of Hewitt, holding that the forfeiture of his entire life savings was grossly disproportionate to the unproven offense and violated the Excessive Fines Clause. The Court established a three-factor proportionality test and mandated that property owners receive prompt post-seizure hearings.

Whether civil asset forfeiture without criminal conviction violates the Eighth Amendment's prohibition against excessive fines, and what standard of proportionality courts must apply when evaluating such seizures.

The decision fundamentally reformed civil asset forfeiture practices nationwide, shifting the burden of proof to the government to demonstrate proportionality. Police departments and federal agencies revised their forfeiture policies, and several states passed legislation further restricting the practice. The ruling was celebrated by civil liberties and property rights advocates across the political spectrum as a major victory for due process protections.