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Supreme Court to review Alaska plane seizure over six-pack of beer

From CBS News · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

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  • The U.S. Supreme Court will review a case where an Alaska bush pilot seeks to prevent state authorities from seizing his airplane over a passenger's six-pack of beer.
  • Pilot Kenneth Jouppi argues that forfeiting his $95,000 plane for an alcohol-related misdemeanor charge violates the Eighth Amendment's Excessive Fines Clause.
  • The Alaska Supreme Court previously ruled the plane was subject to forfeiture, but the U.S. Supreme Court's agreement to hear the case offers Jouppi a chance to challenge what he calls government overreach.

The U.S. Supreme Court has agreed to hear a case involving an Alaska bush pilot who claims state authorities are attempting to illegally seize his $95,000 airplane. The seizure stems from a passenger bringing a six-pack of beer on a flight to a village with alcohol restrictions.

I'm thrilled that the U.S. Supreme Court has agreed to hear this case, because this case isn't just about me or my airplane anymore. I'm in my 80s now, and I've been fighting this for over a decade because I see it as my duty to ensure that the Bill of Rights actually means something in protecting against government overreach.

โ€” Kenneth JouppiJouppi's statement released by his attorneys after the Supreme Court agreed to hear his case.

Pilot Kenneth Jouppi sued to block the forfeiture of his 1969 Cessna after being convicted of a misdemeanor charge related to transporting alcohol. While the Alaska Supreme Court sided with the state, ruling the plane subject to criminal forfeiture laws, Jouppi is now taking his argument to the nation's highest court.

Jouppi contends that seizing his aircraft would violate the Eighth Amendment's "Excessive Fines Clause." His attorneys, from the Institute for Justice, highlight that the case is about more than just his plane, emphasizing the need to protect against government overreach. Jouppi, in his 80s, has been fighting this for over a decade, seeing it as a duty to uphold the Bill of Rights.

A message that if you do it (help alcohol smugglers) and get caught, you lose your airplane. A message that it's not worth it.

โ€” Judge Patrick HammersHinting at the need for a strong message to other pilots regarding alcohol smuggling, as reported by the Fairbanks Daily-News Miner.

The incident occurred in April 2012 when state troopers found a six-pack of beer in a passenger's luggage before Jouppi's flight from Fairbanks to Beaver, a dry village. Jouppi, his company, and the passenger were charged. The passenger pleaded guilty, and a jury convicted Jouppi. A judge sentenced him to jail time, suggesting a message needed to be sent to pilots about the consequences of aiding alcohol smugglers.

Few excessive fines cases will present the issue so sharply; a decision upholding the forfeiture of an airplane for a six-pack is a self-recommending candidate for review.

โ€” Lawyers from the Institute for JusticeIn their appeal to the U.S. Supreme Court, arguing why the case warrants review.

Jouppi's legal team argues that the Alaska Supreme Court did not adequately consider whether his conduct was part of a broader criminal pattern, focusing instead on abstract terms. They believe the case sharply presents the issue of excessive fines, making the forfeiture of an airplane for a small amount of beer a clear candidate for review.

Courts

โ€” Lawyers from the Alaska Attorney General's officeIn response to the appeal, arguing that the state Supreme Court's decision should stand.
DistantNews Editorial

Originally published by CBS News in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.