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BREAKING: New Mexico Governor Susana Martinez Abolishes Civil Asset Forfeiture
Daily Caller ^ | 04/10/2015 | Casey Harper

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 ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: New Mexico
KEYWORDS: assetforfeiture; newmexico; property; susanamartinez
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To: SeekAndFind

You have to be found guilty before you are forced to pay a penalty. What a concept! /s


21 posted on 04/10/2015 2:01:31 PM PDT by Buckeye McFrog
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To: SeekAndFind
The legislative effort was lead by left and right groups.

From Washington Free Beacon

The passage of the new law was applauded by criminal justice and civil liberties groups such as the American Civil Liberties Union and the Drug Policy Alliance, and the Institute for Justice, a public interest law firm that is currently suing the city of Philadelphia to shut down its asset forfeiture program.

22 posted on 04/10/2015 2:01:35 PM PDT by 11th Commandment ("THOSE WHO TIRE LOSE")
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To: SeekAndFind

Does this mean that Skyler can keep Walt’s money?


23 posted on 04/10/2015 2:03:09 PM PDT by Coronal
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To: Coronal

They have to find it first. Walt capped the neo-Nazi who knew where it was hidden.


24 posted on 04/10/2015 2:04:37 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: CGASMIA68

If I remember, she’s been an establishment suck-up on the illegal alien issue. Bob


25 posted on 04/10/2015 2:06:11 PM PDT by alstewartfan (It's the superannuation of a love affair that never quite got started. Al Stewart "Pictures in Wine")
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To: manc

I don’t want an open-borders chump on the ticket like Martinez.


26 posted on 04/10/2015 2:07:26 PM PDT by alstewartfan (It's the superannuation of a love affair that never quite got started. Al Stewart "Pictures in Wine")
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To: rednesss
I’m not sure this is an improvement.

Small businesses who receive cash for services sometimes get caught up in this law by depositing cash into banks each week.

27 posted on 04/10/2015 2:07:42 PM PDT by Starstruck (Hillary is running on her vagina and not even Bill wants to go there)
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To: SeekAndFind
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.

Good. Absolutely no way the police should benefit from stolen property .. even if it is from thugs.

28 posted on 04/10/2015 2:09:49 PM PDT by plain talk
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To: Publius

She was hanginout with NJChristi...while he was popular...

hope she didn’t catch anything...youknow

moderateliberalitis...


29 posted on 04/10/2015 2:10:21 PM PDT by DavidLSpud ("Go and sin no more"-Rejoice always, pray continually...)
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To: manc

Re your tagline, exactly how do I tell one of my wives that she has to leave? You are heartless, Man! lol


30 posted on 04/10/2015 2:11:08 PM PDT by alstewartfan (It's the superannuation of a love affair that never quite got started. Al Stewart "Pictures in Wine")
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To: GeronL

Exactly.


31 posted on 04/10/2015 2:12:21 PM PDT by ExpatGator (I hate Illinois Nazis!)
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To: SeekAndFind

This just goes to show...

If New Mexico and pass good statutes, ALL states can turn things around. Keep on prayin’ and never give up the fight for all things good.


32 posted on 04/10/2015 2:12:58 PM PDT by Up Yours Marxists
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To: SeekAndFind

Great news and great timing, this will get great coverage during this primary, and will get worked into it.


33 posted on 04/10/2015 2:13:00 PM PDT by ansel12 (Palin--Mr President, the only thing that stops a bad guy with a nuke is a good guy with a nuke.)
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To: alstewartfan

Did not know she was open borders


34 posted on 04/10/2015 2:13:53 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: SeekAndFind

Yes!


35 posted on 04/10/2015 2:16:24 PM PDT by BigEdLB (They need to target the 'Ministry of Virtue' which has nothing to do with virtue.)
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To: SeekAndFind
Currently, when police seize property they can keep it even if you are innocent.

How did any legislature ever think that was right or Constitutional? That's the kind of government corruption the 2nd Amendment was written for.

36 posted on 04/10/2015 2:17:27 PM PDT by TigersEye (STONE COLD ZOMBIE SCOURGE)
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To: SeekAndFind

The disgusting thing is we even need a law preventing ‘civil’ forfeiture.


37 posted on 04/10/2015 2:17:47 PM PDT by Organic Panic
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To: Starstruck

[ I’m not sure this is an improvement.

Small businesses who receive cash for services sometimes get caught up in this law by depositing cash into banks each week. ]

Those small businesses are GUILTY of “Structuring” it is in the regulations, there is no trial as the money is seized immediately. they should be jailed and the key thrown away, all hail the big government police state!

/s


38 posted on 04/10/2015 2:18:33 PM PDT by GraceG (Protect the Border from Illegal Aliens, Don't Protect Illegal Alien Boarders...)
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To: SeekAndFind

Good news. Chalk one up for freedom; one less tool in the back for the tyrants.


39 posted on 04/10/2015 2:28:10 PM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: SeekAndFind

-I understand how important it is that we ensure safeguards are in place to protect our constitutional rights,”-

THIS is the kind of talk we like to hear. Kudos to you Governor Martinez. It’s your kind of women this country needs.


40 posted on 04/10/2015 2:28:36 PM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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