23-04-2025
Alaska's seizure of a bootlegger's plane was legal, Supreme Court says
Alaska Supreme Court Justice Jude Pate, right, asks a question during oral arguments in a case concerning correspondence education allotments, on June 27, 2024, in the Boney Courthouse in Anchorage. (Photo by Andrew Kitchenman/Alaska Beacon)
When the state of Alaska seized a bootlegger's plane, it did not violate the U.S. Constitution's excessive fines clause, the Alaska Supreme Court has ruled.
The ruling, published Friday, involves a 13-year-old dispute that followed the conviction of Kenneth Jouppi for attempting to transport beer from Fairbanks to Beaver, an Interior Alaska town that has outlawed the importation, sale and possession of alcohol.
Jouppi operated an air service and was transporting a passenger who had loaded 72 cans of beer as cargo. Troopers said Jouppi was aware of at least one six-pack and thus knowingly transported alcohol, something Jouppi contested at trial.
The state attempted to seize Jouppi's airplane as a result of the conviction, but the trial court denied that seizure, citing state law. The state appealed, and the Alaska Court of Appeals ruled in favor of the seizure, remanding the case back to the trial court.
The trial court again declined to rule in favor of the seizure, this time citing the U.S. Constitution, and the state appealed to the Supreme Court.
'We hold, as a matter of law, that the owner of the airplane failed to establish that forfeiture would be unconstitutionally excessive,' wrote Justice Jude Pate on behalf of the court, which ruled unanimously.
'Forfeiture of the airplane constituted a fine within the meaning of the Excessive Fines Clause, and … the forfeiture is not grossly disproportional to the gravity of the harm caused by the offense,' he wrote.
The decision was based upon a U.S. Supreme Court case known as United States v. Bajakajian, which set up a two-part test to determine whether a fine is excessive: The fine must be intended as punishment, and it cannot be disproportional to the crime.
Citing legislative debates, the Alaska Supreme Court's new ruling says that lawmakers intended aircraft-related smuggling to be subject to greater penalties than other ways of bootlegging.
In addition, the ruling says that the harm caused by alcohol to rural Alaska means that severe punishment is not disproportionate.
'Alcohol abuse in rural Alaska leads to increased crime; disorders, such as alcoholism; conditions, such as fetal alcohol spectrum disorder; and death, imposing substantial costs on public health and the administration of justice. Within this context, it is clear that the illegal importation of even a six-pack of beer causes grave societal harm,' the ruling states. 'This factor strongly suggests that the forfeiture is not grossly disproportional.'
The Alaska Supreme Court's ruling sends the case back to the Court of Appeals for further work.
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