Posted on 03/21/2015 9:53:16 AM PDT by PJ-Comix
The New Mexico state legislature passed a groundbreaking bill Saturday to abolish civil asset forfeiture.
Now Republican Gov. Susana Martinez, who will likely get attention as a potential 2016 vice presidential candidate, will have the bill on her desk.
Civil asset forfeiture is a practice where police can take and keep your property without convicting or even charging you of a crime. Then, you must go through the arduous and often unsuccessful process to get your property–whether it’s a vehicle, cash or your home–back from the police.
(Excerpt) Read more at dailycaller.com ...
Walker has defeated democrats more than anyone to pass conservative laws, balance the budget, cut taxes, and turn a huge deficit into a surplus. Walker's record is unmatched! The rest of those going for the nomination are either marxists or just talkers. Actions and Results , a conservative record as governor are what matter. Talk means nothing
Yawn...
Just think, if enough of us had not been propagandized enough to feel obliged to throw the weight of the State behind an effort to protect people from their own poor choices, the 4th amendment might still actually mean something in this nation.
Excellent news.
Hold on...she hasn’t signed the bill into law yet. Here’s hoping that she does.
My #1 choice is ALLEN WEST, but I also respect Carol Swain from TN.
How about WEST/Martinez? My #1 fave is West/Palin (or vice-versa), but now that you mention Martinez’ name, I like that too despite my not knowing much about her other than her being the Gov of NM.
I guess you have not been around for long.....(no offense meant):-)
This practice has been severely abused by local and State LEO's. It was not long ago, as the result of a traffic stop, that I spent 4,000 dollars and two years of my time getting a pistol that was worth only 500 dollars back.
Obviously it was principle that I was invoking...
They wanted to keep the gun because it was a former police issue sidearm.
Again, without probable cause of a crime, that seizure is flatly unconstitutional I don’t care how long they’ve been doing it.
The reason these things continue to happen is the people for whatever reason don’t stand up for their constitutional rights. It is the nature of government to trespass on individual constitutional rights. It is up to the people to see they don’t.
They seize peoples cars, boats, trucks, houses, guns, etc. Then sell them to people at auction. Or they impound them, or put a lien on it that you have no possible way of paying. Or they throw you in jail because there is no possible way of paying for a fine. Then they berate you for not paying your fines. While jailed. It’s a vicious cycle and the whole criminal justice system is BS. Violent offenders should not be housed, they should be killed.
Pfffft........who needs the 4th Amendment when we have the scourge of drugs infesting our nation? That Amendment was written by a bunch of old, slave-owning white men well over 200 yrs ago. We have progressed way beyond those days now as America is being Transformed. (sarc)
Good. Civil asset deprivation is foking unConstitutional, no deprivation of liberty or property or life without opportunity to be heard.
That argument should fail in court because if the seizure wasn't based on probable cause to believe the item was associated with a crime, the seizure violates the 4th Amendment and is illegal.
what if they find some pot or something in your car in that search? With no warrant/permission, should they be allowed to use any evidence from that against you?
If it is illegal possession, then yes, because it was a valid search unless the arrest was invalid and not based on probable cause.
The concern is that 1) people don't know the Constitution, the limitations on government power, or the nature of their presumed God-given rights if not delegated to the feds by the Constitution. 2) people are not standing up for their constitutional rights but are too used to acquiescing to unconstitutional government acts because it is something called a "law" or it was done by the police.
The problem is that they apparently in many cases have not been returning items even without arrest. The Cato Inst. link explains the with Civil rather than Criminal Forfeiture, non only what a person is carrying, but even homes and vehicles can be seized and NEVER returned even with NO conviction. The ACLU link documents a successful case against unfair and abusive enforcement.
http://www.cato.org/events/policing-profit-abuse-civil-asset-forfeiture
What the he** are “untaxed loosies?”
In poor urban areas, people sell individual cigarettes, call them “loosies” because they’re not in a pack.
Again without probable cause of a crime, a government search or seizure is “unreasonable” and violates the 4th Amendment, so a “civil” seizure by the government (no crime involved) is per-se illegal and unconstitutional.
People need to learn the Constitution and start standing up for their rights. Good for New Mexico. To reestablish freedom and the Constitution as the supreme law of the land, states need to start nullifying unconstitutional federal acts.
If the injustice is being perpetrated by the state, people need to see that either the state Constitution is enforced or amend the state Constitution
I think of it as being fallen as opposed to be upside down. If there isn’t a law against it or if there is a loophole in the law, some will do it. This is a blatant case of coveting someone’s goods.
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