Bennis v. Michigan, 516 U.S. 442, 2 (1996)

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Cite as: 516 U. S. 442 (1996)

Opinion of the Court

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Thomas, and Ginsburg, JJ., joined. Thomas, J., post, p. 453, and Ginsburg, J., post, p. 457, filed concurring opinions. Stevens, J., filed a dissenting opinion, in which Souter and Breyer, JJ., joined, post, p. 458. Kennedy, J., filed a dissenting opinion, post, p. 472.

Stefan B. Herpel argued the cause and filed briefs for petitioner.

Larry L. Roberts argued the cause for respondent. With him on the brief were John D. O'Hair and George E. Ward.

Richard H. Seamon argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*

Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner was a joint owner, with her husband, of an automobile in which her husband engaged in sexual activity with a prostitute. A Michigan court ordered the automobile forfeited as a public nuisance, with no offset for her interest, notwithstanding her lack of knowledge of her husband's activity. We hold that the Michigan court order did not offend the Due Process Clause of the Fourteenth Amendment or the Takings Clause of the Fifth Amendment.

Detroit police arrested John Bennis after observing him engaged in a sexual act with a prostitute in the automobile while it was parked on a Detroit city street. Bennis was convicted of gross indecency.1 The State then sued both

*Briefs of amici curiae urging reversal were filed for the American Bankers Association by John J. Gill III and Michael F. Crotty; for the Institute for Justice by William H. Mellor III and Clint Bolick; and for the National Association of Criminal Defense Lawyers by E. E. Edwards III and Richard J. Troberman.

Richard K. Willard and Robert Teir filed a brief of amicus curiae for the American Alliance for Rights and Responsibilities et al.

1 Mich. Comp. Laws § 750.338b (1979).

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