Posted on 04/10/2015 1:44:09 PM PDT by SeekAndFind
New Mexico Gov. Susana Martinez signed a bill to abolish civil asset forfeiture Friday.
She signed just before the noon deadline that would have pocket vetoed the legislation.
“As an attorney and career prosecutor, I understand how important it is that we ensure safeguards are in place to protect our constitutional rights,” Martinez said in a letter announcing her decision. “On balance, the changes made by this legislation improve the transparency and accountability of the forfeiture process and provide further protections to innocent property owners.”
Civil asset forfeiture is a practice where police can seize your property and keep it even if they don’t convict or charge you with a crime. Then, you must go through the difficult, and often unsuccessful process to get your property–whether it’s a vehicle, cash or your home–back from the police.
The new law makes two important changes:
1. Currently, when police seize property they can keep it even if you are innocent. Under the new law, police can still take property from you for a short period, but would need a conviction or a guilty plea in order to keep it.
2. The law changes the incentive structure for police. Under the new law, if police do get a guilty verdict and your property is forfeited, it goes to the state’s general fund rather than the police department’s budget. The difference at least adds a layer of bureaucracy and oversight between police and the funds they seize.
(Excerpt) Read more at dailycaller.com ...
Sometimes the stuff that is seized is actually evidence. There is not really any way of getting around the serious damage to your life that being arrested can do. It sucks if you didn’t do it, but I agree that the cops should not be permitted to steal from you just on an accusation, either.
An accusation of domestic violence can result in your guns taken away -most likely never to be seen again-in some jurisdictions.
And all too many people still believe “the police don’t arrest innocent people”.
For the Usurper that is One Down, 56 to go =)
YES! I’ve been advocating for a Cruz/Martinez ticket for a while now. Just in case the dems try to say Cruz is not an authentic enough Hispanic.
Won't matter
The Feds will take over local policing and Asset Forfeiture will continue.
“Great. Now how about Constitutional protections for people of faith?”
How about freedom for everybody without having to get down on our knees and begging for religious exemptions.
“The disgusting thing is we even need a law preventing ‘civil’ forfeiture.”
Agreed. You would think such confiscation(of any property that is not legitimate case-related evidence) would represent a “taking” without just compensation, since they are taking the property while the person is still presumed innocent.
Guilty or innocent, why would the government be able to keep your property?
Doesn’t make sense. You can be fined, I get that, but losing your property to the government??
Won't matter
The Feds will take over local policing and Asset Forfeiture will continue.
Even if someone is guilty of a crime, since when does that mean one forfeits everything? I understand fines, but when the government is free to walk away with assets then it is all about assets.
lolz
Maybe he would look at home in a North Korean parade?
She should be on the ticket with Cruz!!!
She’s going for veep.
Awesome move.
I don’t think govt should be in the business of seizing people’s property. The property should go to the family. This law is something, but not quite enough.
Jesse knows where it is. If they can find him.
Damn you Vince Gilligan! You left too many loose ends!
Wife and I binged on this series last month. We'd never seen an episode before. Now I'm going through withdrawal.
We tried doing it here in Colorado this year, but the democrats nuked it.
Under the old rules, they didn’t even have to charge you with anything. Just take your stuff and keep it. Spend it. Sell it.
So yeah, big improvement.
Cruz/Martinez!
Not a bad pair - and our FASTEST GROWING minority will have a VERY TOUGH TIME getting brainwashed to believe that a washed-up old hag is preferable.
Wasn’t Zorro a HISPANIC hero who fought against government corruption??!
Conservative values never did belong only one people.
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