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 ...
We have more quality women on the bench than they have total prospects.
Holy crap! That's a great improvement!....don'tcha think?
FMCDH(BITS)
I agree, it is thief to take an innocent man’s property. The only caveat thou about taking a guilty man’s property is that it should be counted as part of the fine for the crime, and/or labeled as part of the assets to be sold to help pay restitution to the victim.
The State should be last on the list of claimants just before that of the convicted criminal.
I totally agree.
Martinez for VP.....
A great idea.
You begin to wonder if really to only reason Police exist is to collect fees, write tickets and arrest people who don’t pay the fees and tickets.
We are not quite there yet but each day we get closer.
New Mexico already has that — Art 2, Sec 11 of the State Constitution, IIRC.
Thanks for the ping.
I guess some folks will never be satisfied when something good happens - always wanting more and always refusing to acknowledge the good. Waaaaaah!
There are just as many misanthropic fruits here as there are on DU. They just happen to vote for the other side (most of the time).
Roger that, Major. God Bless...
Remember, he left 9 mill+ with Elliot & Gretchen.
In the first episode of "Better Call Saul", did you notice Skinny Pete, all dressed up and not drug addicted, set off the metal detector in the courthouse?
The biggest wrong is that the LE keep your seixed assets until after you are found innocent. !!! You need these assets after initial seizure TO HIRE A LAWYER. What good is getting it back after you have lost due to the inability to hire a lawyer !!!
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