City Officials Who Ignore State Law Against Civil Asset Forfeiture Get Hauled Into Court

Forbes ^ | November 25, 2015 | George Leef

[reaganaut1]

Recently I wrote about a suit challenging the law in Arizona - a state that's very friendly towards the abomination called civil asset forfeiture. There, innocent people who have had their property stolen by public officials have to worry that if they fight to get it returned and lose the case, the government will force them to pay out additional money to cover its legal costs in fending off their claims.

Across the state line in New Mexico, a different but equally vexing legal situation prevails. Back in summer, the state legislature unanimously passed a bill that defangs the civil asset forfeiture viper and Governor Martinez promptly signed it into law.

Amazingly, however, civil asset forfeiture continues in New Mexico, as officials in Albuquerque and other cities scoff at the law.

On November 18, two state senators supported by the pro-liberty litigators at the Institute for Justice filed suit in state court to compel all New Mexico officials to obey the law. This step is necessary because city officials are so desperate to keep their gravy train rolling that they have continued to act as if nothing had changed.

[Still Thinking]

Shouldn’t be civil, it should be criminal. If what they’re doing is more stringent than what’s allowed under the law, they’re violating their bosses’ civil rights under color of law. Shouldn’t be an injunction, shouldn’t be a civil award paid by the victims (citizens), should be loss of employment and probation or jail time.

[Daveinyork]

Jail them. If Kim David can be jailed for acting within her Constitutional rights, these jerks should be jailed for violating the rights of others.

[exnavy]

Yet another example of oppressive gubmint overreach. The older I get the more I dispise gubmint and the sleaze balls who aspire to it.

[Blood of Tyrants]

Civil forfeiture was foisted on us as a way to seize the assets of criminals but has been perverted as a way to seize the property of citizens who are merely SUSPECTED of engaging in some sort of crime.

[VRWCarea51]

I’ve got a better idea. These people should think about the Unintended Consequences.

[KarlInOhio]

Did those officials drive their own cars to the office to commit their civil forfeiture sticky fingers job? The those cars are tools of the crime and should be forfeited without trial? Did they ever work on anything at home or even call in to the office from there to talk about their jobs? Grab them too! Well, it makes as much sense as some forfeitures which have been done in the past.

[wjcsux]

Corrupt Albuquerque and Bernalillo County officials? Shocking!

[Wyrd bið ful aræd]

"City Officials Who Ignore State Law Against Civil Asset Forfeiture Get Hauled Into Court"

Since they are so in favor of "civil forfeiture," maybe they should be subjected to it themselves -- and then thrown in the clink.

[Scrambler Bob]

Karl,
Yes!

[Slambat]

The only civil or criminal forfeiture laws that I would
support would be for people who hire wetbacks. Those low
life scum should be jailed for no less than 30 years
hard time and everything they own confiscated as ill gotten gains.
The only thing lower than a wetback employer is
a pedophile.

[dware]

Unintended Consequences

There's a reason that was fiction. Because thus far, no modern day "patriot" has risen, and I daresay none will. As I've mentioned too many times before, we're too busy for that, what with paying the mortgage and the car payment and the insurance (home, car, health), big screen TV's, etc. Instead, I keep hearing this nonsense that the "patriots" are awaiting some major trigger event that quite honestly, I can't see ever happening. Nice thoughts, though.

[MeganC]

If there is no law in New Mexico for civil asset forfeiture then any NM government official doing this kind of thing is a thief and in the case of law enforcement who do it they’re committing armed robbery.

Armed citizens in that state should then act accordingly when dealing with armed felons.

[CedarDave]

Here's one for the list that I missed.

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