The U.S. Supreme Court has agreed to review a case involving a bush pilot whose plane authorities sought to seize over a passenger's six-pack of beer. The case centers on Kenneth Jouppi, an Alaska pilot who argues that the forfeiture of his 1969 Cessna violates the Eighth Amendment's prohibition against excessive fines.
In April 2012, Jouppi was preparing to fly a passenger from Fairbanks to Beaver, a remote village where alcohol is prohibited. The passenger had placed a six-pack of beer in her luggage among groceries. State Troopers discovered the beer during a pre-flight search of Jouppi's plane. Jouppi, his company, and the passenger were charged with the misdemeanor offense of knowingly transporting an alcoholic beverage into a dry community.
The passenger pleaded guilty, and a jury later convicted Jouppi. A judge sentenced him to three days in jail. However, Alaska authorities pursued the forfeiture of Jouppi's airplane, valued at $95,000. The Alaska Supreme Court ruled in favor of the state, determining that the plane was subject to criminal forfeiture laws.
Jouppi, now in his 80s, argues that the seizure of his plane constitutes an excessive fine and a government overreach. His attorneys, from the Institute for Justice, contend that the state's highest court did not properly evaluate the proportionality of the forfeiture to the offense. They assert that the state Supreme Court's ruling conflicts with established case law, including U.S. Supreme Court precedent.
Attorneys for the Alaska Attorney General's office have argued that the state Supreme Court's decision was fact-based and should be upheld. They maintain that courts use a multi-factor test to determine if a fine or forfeiture is disproportionate to the offense. Jouppi, they claim, has not demonstrated that the forfeiture of his plane is grossly disproportionate, particularly given the serious problem of alcohol abuse in rural Alaska and the role airplanes can play in such offenses.
Arguments in the case are expected to be heard in the fall.