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posted by martyb on Friday December 11 2015, @12:51AM   Printer-friendly
from the not-above-the-law dept.

Earlier this year, the state of New Mexico passed one of the most solid pieces of asset forfeiture reform legislation in the country. All it asked for was what most people would consider to be common sense: if the government is going to seize assets, the least it could do in return is tie the seizure to a conviction.

Now, the state is finding out that bad habits are hard to break. CJ Ciaramella reports that the government is going after another part of the government for its refusal to stop taking stuff without securing a conviction.

Two New Mexico state senators are suing Albuquerque after the city has refused to stop seizing residents' cars, despite a law passed earlier this year ending the practice of civil asset forfeiture.

In a lawsuit filed Wednesday, New Mexico state senators Lisa Torraco and Daniel Ivey-Soto said Albuquerque is defying the new law and "has continued to take property using civil forfeiture without requiring that anyone--much less the property owner--be convicted of a crime."

These would be the two senators who pushed for the much-needed reform. They managed to get the law passed, but Albuquerque (along with other cities in the state) haven't shown much interest in altering their tactics. The only incentive the new law has on its side is the threat of legal action or legislative pressure. The old incentives--hundreds of thousands of dollars--are still motivating local law enforcement.

Previous: Albuquerque Cops "Comply" with Records Request by Encrypting the Videos


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  • (Score: -1, Troll) by Ethanol-fueled on Friday December 11 2015, @01:06AM

    by Ethanol-fueled (2792) on Friday December 11 2015, @01:06AM (#274735) Homepage

    This would not be a problem if Whites were not allowed to be police officers or work for police departments. You tell a White to do something, he or she does the exact opposite. Whites have done nothing but turn police departments into protection rackets and hit squads. It should be mentioned here that Prince John and the Sheriff of Nottingham were both Whites.

    Around Whites, you have no rights.

    • (Score: -1, Troll) by Anonymous Coward on Friday December 11 2015, @01:15AM

      by Anonymous Coward on Friday December 11 2015, @01:15AM (#274740)

      Mexicans, Central/South Americans, Arabs, and africans, and see which of them won't sieze your assets, legally or otherwise on a daily basis.

    • (Score: 0) by Anonymous Coward on Friday December 11 2015, @01:48AM

      by Anonymous Coward on Friday December 11 2015, @01:48AM (#274753)

      So was Robin Hood.

      • (Score: 0) by Anonymous Coward on Friday December 11 2015, @02:37AM

        by Anonymous Coward on Friday December 11 2015, @02:37AM (#274778)

        Robin Hood was checking his privilege by giving away stolen riches to uglier people.

    • (Score: 0) by Anonymous Coward on Friday December 11 2015, @05:58AM

      by Anonymous Coward on Friday December 11 2015, @05:58AM (#274825)
      The only White in Albuquerque I remember was Walter.
    • (Score: 2) by HiThere on Friday December 11 2015, @08:37PM

      by HiThere (866) Subscriber Badge on Friday December 11 2015, @08:37PM (#275138) Journal

      Good analogy to reasoning too often heard. It seems to have gone over the head of a few people, though.

      --
      Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
  • (Score: 3, Insightful) by Snotnose on Friday December 11 2015, @01:50AM

    by Snotnose (1623) on Friday December 11 2015, @01:50AM (#274755)

    The state comes in with some bogus charges, confiscates stuff from the mayor, councilmembers, chief of police, etc. They then drop all charges and keep the stuff they confiscated. Bonus points if they get a value of 6 figures from each.

    Then at least the bullies in charge will understand the issue.

    --
    When the dust settled America realized it was saved by a porn star.
    • (Score: 5, Insightful) by Runaway1956 on Friday December 11 2015, @02:52AM

      by Runaway1956 (2926) Subscriber Badge on Friday December 11 2015, @02:52AM (#274779) Journal

      I prefer the state coming in and charging the mayor, police chief, and every cop and prosecutor involved with grand theft. Send each and every one of them to prison, for no less than five years each. As the level of responsibility increases, so does the length of the sentence. RICO laws apply here.

      • (Score: 0) by Anonymous Coward on Friday December 11 2015, @12:54PM

        by Anonymous Coward on Friday December 11 2015, @12:54PM (#274946)

        Don't forget "Under color of law". Up those penalties by a decade for those in law enforcement.

    • (Score: 2, Informative) by Anonymous Coward on Friday December 11 2015, @02:53AM

      by Anonymous Coward on Friday December 11 2015, @02:53AM (#274780)

      That made me smile for a moment.
      After I thought about it for another moment, I realized that all the bigwigs probably drive gov't-provided cars.
      (Ever see Sheriff Joe Arpaio's tricked-out patrol car?)

      To raid their homes, you'd need a judge to sign off on that.
      It might take a while to find a judge with a grudge--or a great deal of courage.

      There was a prosecutor there who filed murder charges against 2 cops and the whole cop squad went after her hammer and tongs, trying to get trumped-up stuff to stick.
      They harassed her and her kin with bogus arrests. [google.com]

      Albuquerque is not a place for the weak of spirit.

      -- gewg_

  • (Score: 2) by CortoMaltese on Friday December 11 2015, @03:40AM

    by CortoMaltese (5244) on Friday December 11 2015, @03:40AM (#274794) Journal

    I always thought that Civil forfeiture was bad, for the exact same reason other people have mentioned, people in mid management positions who want to keep the stuff they seize without having to prove that a criminal act, took or was taking place.
    I don't remember where I read it, but investigating the topic a few months back I found an opinion that expressed that more countries should pass civil forfeiture laws similar to the US to combat organized crime and corruption which struck me as funny because corrupt politicians in countries with less than able judicial oversight might use this laws to prejudice people.

    • (Score: 1) by khallow on Friday December 11 2015, @06:48AM

      by khallow (3766) Subscriber Badge on Friday December 11 2015, @06:48AM (#274841) Journal
      We see another problem here, extralegal activity. That's why this case has devolved to a lawsuit rather than merely just not happen. Thus, civil asset forfeiture bypasses law in yet another way, by creating a revenue stream not beholden to the legislature (New Mexico has the same legislative "power of the purse" that most democratic governments have).
  • (Score: 1, Informative) by Anonymous Coward on Friday December 11 2015, @02:37PM

    by Anonymous Coward on Friday December 11 2015, @02:37PM (#274975)
    Really, we're doing links to that clickbait shithole now? Makes some of the British tabloid stuff look like responsible journalism. I mean, would even the Sun or the Register take the time to report on a gem like this?: http://www.buzzfeed.com/katienotopoulos/please-do-not-buttchug-cough-syrup [buzzfeed.com]