CRIMINAL DEFENSE

Can the Government Take a $95,000 Plane Over a Six-Pack of Beer?

By A. Arman Miri, Partner
Lowrey, Fortner, & Miri P.A. | Hattiesburg, Mississippi
Published: August 6, 2026

The U.S. Supreme Court is about to answer that question. On July 20, 2026, the Court agreed to hear Jouppi v. Alaska, a case about an Alaska bush pilot whose $95,000 airplane was ordered forfeited after a passenger's beer turned up in his cargo.

The case sounds like a story from another world. Bush planes, a dry village, a load of Budweiser. But the legal question at its center reaches every driveway in Mississippi. When the government takes your property over a crime, how does a court decide whether the punishment fits?

The Story Behind the Case

Ken Jouppi spent decades flying supplies to remote Alaska villages. In 2012, troopers stopped a flight he was preparing for Beaver, Alaska, a village where alcohol is banned. In the load was beer belonging to a passenger, roughly 72 cans in total.

Jouppi was convicted of a misdemeanor for attempting to transport alcohol to a dry community. His sentence was three days in jail and a $1,500 fine. Then the state went after his airplane, a Cessna worth about $95,000.

The forfeiture fight has dragged on for over a decade. The trial court twice found taking the plane excessive. In 2025, the Alaska Supreme Court disagreed and upheld the forfeiture, reasoning that bootlegging into dry villages causes serious harm, so even a six-pack could justify taking the aircraft.

What the Supreme Court Agreed to Decide

The Eighth Amendment's Excessive Fines Clause bars punishments that are grossly out of proportion to the offense. The question in Jouppi is how courts should measure the offense side of that scale.

Alaska's approach looked at the offense category in the abstract. Bootlegging is a serious problem, so a forfeiture tied to bootlegging is serious business, even when the defendant is one pilot and the alcohol was a passenger's beer. Jouppi argues courts must weigh what the specific defendant actually did. His conduct earned him three days in jail and a $1,500 fine. Taking a $95,000 plane on top of that, he says, is grossly disproportional.

Here is where things stand, and this part matters. The Supreme Court has not decided anything about who wins. It has only granted review. Briefing comes next, argument is expected during the term that begins in October 2026, and a decision should arrive by summer 2027. Until then, the Alaska ruling stands.

The Law Behind the Fight

Three older cases set the stage. In Austin v. United States (1993), the Supreme Court held that forfeitures which operate as punishment count as fines under the Eighth Amendment. In United States v. Bajakajian (1998), the Court struck down a forfeiture for the first time, announcing the gross disproportionality test. And in Timbs v. Indiana (2019), the Court held the Excessive Fines Clause applies to the states.

What the Court has never spelled out is how to run that test. Do you compare the property taken against the crime on the books, or against what this person actually did? That gap has let lower courts reach wildly different results on similar facts. Jouppi asks the Court to close it.

Key Takeaway: The Supreme Court granted review in Jouppi v. Alaska on July 20, 2026. The case will decide how courts measure whether a forfeiture is an unconstitutional excessive fine. Nothing has been decided on the merits yet.

Why This Matters in Mississippi

You do not need an airplane to have a stake in this case. In Mississippi, forfeiture usually looks like a truck seized during a drug stop, cash taken from a console during a search, or a firearm held after an arrest. State law allows forfeiture of property alleged to be connected to certain crimes, and federal agencies run their own forfeiture programs on top of that.

The value of what gets taken often dwarfs the charge that justified the stop. A $30,000 vehicle can be seized over conduct that ends in a misdemeanor plea. Sometimes the owner is never convicted at all.

If the Supreme Court rules for Jouppi, property owners get a stronger tool. Courts would have to look at what you actually did, not just the worst version of the crime charged, before letting the government keep your property. If the Court sides with Alaska, forfeiture challenges get harder, and the abstract seriousness of an offense could carry the day.

Either way, the decision will bind Mississippi courts and the federal courts that handle forfeitures here. We will be watching it closely.

Frequently Asked Questions

Has the Supreme Court decided Jouppi v. Alaska yet?

No. The Court granted review on July 20, 2026, but the case has not been argued or decided. Briefing comes next, argument is expected during the term that begins in October 2026, and a decision should arrive by summer 2027. Until then, the Alaska Supreme Court's ruling upholding the forfeiture stands.

What is civil asset forfeiture?

Forfeiture lets the government take property it says is connected to a crime, such as cash, cars, guns, or even an airplane. In some forfeiture cases the owner is never convicted of anything, which is why these laws draw so much criticism. The Excessive Fines Clause is one of the few constitutional limits on how far forfeiture can go.

Can Mississippi police seize my car or cash?

Yes. Mississippi law allows forfeiture of money, vehicles, and other property alleged to be tied to certain crimes, especially drug offenses, and federal agencies have their own forfeiture rules. The deadlines to contest a seizure are short, so talk to a lawyer as soon as property is taken.

What is the Excessive Fines Clause?

It is the part of the Eighth Amendment that bars fines grossly out of proportion to the offense. The Supreme Court has held that it covers forfeitures that operate as punishment and that it applies to the states. Jouppi v. Alaska asks how courts should measure the gravity of an offense when applying that test.

Talk to a Lawyer

If law enforcement has seized your cash, vehicle, or other property, the clock is already running. Lowrey, Fortner, & Miri P.A. defends people in state and federal criminal cases across South Mississippi, including cases where a seizure or forfeiture is on the table. Learn more on our criminal defense and federal criminal defense pages.

Has the Government Seized Your Property?

Call Lowrey, Fortner, & Miri P.A. today to talk through your options with a defense lawyer.

(601) 582-5015

A. Arman Miri is a partner at Lowrey, Fortner, & Miri P.A. in Hattiesburg. He focuses his practice on complex criminal defense and appellate matters in both state and federal court.

(601) 582-5015