Law enforcement may not like it but drug dealer property seizure is a legal issue.

West Virginia Circuit Court Judge Steven John’s ruled that South Carolina’s civil asset forfeiture law violates the US Constitution, according to Andrew Yates of Americans for Prosperity-South Carolina.

The judge based his ruling on a Supreme Court decision earlier this year.

The Supreme Court unanimously agreed that the 8th amendment ban on excessive fines should be incorporated by states.

The court said Indiana law enforcement levied an excessive fine against Tyson Timbs, a defendant in the Timbs v Indiana drug case.

Tyson argued that seizing his $42,000 Land Rover as part of an arrest for a drug sale of less than $250 was excessive. He said the value of his car far exceeded the maximum fine he would have faced as punishment.

It is not clear what standing a West Virginia judge’s opinion will have here.

Police often finance equipment and other needs with cash and property they seize in criminal cases.

The Chronicle asked Sheriff Jay Koon and Attorney General Alan Wilson, both Lexington residents, for comment on the ruling.

Sheriff’s spokesman Adam Myrick said the sheriff will defer comment to the Attorney General’s office.

The Attorney General’s spokesman Robert Kittle said they have no comment.

“This ruling is a positive first step in strengthening South Carolina’s due process rights and putting our state on a path to a more just system,” Yates said.

“Curbing this constitutional abuse will help South Carolinians not have to prove their innocence to keep their own property.”