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ItsTime
04-10-2015, 01:27 PM
Let's hope more states follow.


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.

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.

New Mexico’s state legislature passed the bill March 21 just hours before the session closed. If the bill had been vetoed it would likely not gotten attention again for two years because of New Mexico’s short legislative sessions.

Source: http://benswann.com/breaking-new-mexico-gov-signs-bill-abolishing-civil-forfeiture/

RonPaulMall
04-10-2015, 01:31 PM
Interesting. If she keeps this up she may be a viable VP candidate for Rand.

phill4paul
04-10-2015, 01:35 PM
Good.


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.

But, not good enough. Still, a step in the right direction.

ItsTime
04-10-2015, 01:36 PM
Good.



But, not good enough.

It is a start.

phill4paul
04-10-2015, 01:36 PM
It is a start.

Agreed. Didn't get my edit in quick enough. :o

presence
04-10-2015, 01:39 PM
Good. But, not good enough. Still, a step in the right direction.


Congressman Cleaver Announces Introduction of The Fair Justice Act

Mar 9, 2015

Press Release

Legislation would make it a civil rights violation to enforce criminal or traffic laws for the purpose of raising revenue.




Today, U.S. Representative Emanuel Cleaver, II (MO-05) in commemoration of the 50th anniversary of Selma, and in response to the tragic events of Ferguson, announced his plan to introduce a bill to ban criminal and traffic law enforcement activities motivated by revenue raising purposes.

Announcing introduction of the Fair Justice Act, Congressman Cleaver stated, "The time has come to end the practice of using law enforcement as a cash register, a practice that has impacted too many Americans and has disproportionately affected minority and low-income communities. No American should have to face arbitrary police enforcement, the sole purpose of which is to raise revenue for a town, city, or state.”

Congressman Cleaver's Fair Justice Act would make it a civil rights violation, punishable by up to five years in prison, to enforce criminal or traffic laws solely to raise revenue. Thus, no official or agency of a state or a county, city, town or other political subdivision may adopt a policy or engage in any activity that authorizes, promotes, or executes the enforcement of criminal, civil, or traffic laws for the purpose of raising revenue.

http://cleaver.house.gov/media-center/press-releases/congressman-cleaver-announces-introduction-of-the-fair-justice-act

ZENemy
04-10-2015, 01:42 PM
Good.



But, not good enough. Still, a step in the right direction.


A friend of mine had 10K stolen from him by guys in a weird costume driving a car with flashing lights while he was on the way to buy a new motorcycle.

Long story short, he got his bike, 2.5 years LATER!

dillo
04-10-2015, 01:47 PM
The new AG will surely over ride this

jmdrake
04-10-2015, 06:48 PM
Great! Maybe Rand can deep six the federal version of asset forfeiture.

phill4paul
04-10-2015, 07:38 PM
A friend of mine had 10K stolen from him by guys in a weird costume driving a car with flashing lights while he was on the way to buy a new motorcycle.

Long story short, he got his bike, 2.5 years LATER!

I'm gonna guess he didn't receive any interest on his seized funds.

Anti Federalist
04-10-2015, 09:30 PM
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.

Which can leave it tied up for years, right when you need it the most.

Still, it's a start.

5/10 "guarded optimism"

Xenliad
04-10-2015, 09:37 PM
I've been hearing her name come up as a potential VP for a number of likely Republican presidential candidates but don't know very much about her positions.

cindy25
04-10-2015, 09:39 PM
a nice surprise. she is a former prosecutor so its nice she is siding with the people on this one. I wonder what calculations entered into the last minute signing. maybe VP? it will be interesting who she endorses. if she wants to be VP it almost has to be Rand. an all Hispanic ticket would be impossible.

ClydeCoulter
04-10-2015, 09:46 PM
Yep, can take your property that you need to defend yourself. WTF?

No, they can't take anything! Even if you are guilty, you only need to pay the victim, if any, what you stole or frauded!

No State Profit on crime!

edit: Does anyone think that things will be any better because the theft went from local to state? Hahahaha! Maybe it will get better if it goes then from state to federal profit on crime? Yeah, that ought to do it! /sarc to hell That's how it all goes. Local corruption to county corruption to state to federal!

Now the push for conviction will be even heavier! Who needs any more evidence than the amount of money they had? Fill those god damned prisions! Inquisition to hell!

westkyle
04-10-2015, 10:08 PM
A friend of mine had 10K stolen from him by guys in a weird costume driving a car with flashing lights while he was on the way to buy a new motorcycle.

Long story short, he got his bike, 2.5 years LATER!

I don't get it. How did he not win a lawsuit for more money?

Stratovarious
04-11-2015, 07:35 AM
Not Good, this is a Milk Toast bill.

The incentive for a Guilty verdict and Guilty Plea bargaining is overwhelming.

This does not 'abolish' Asset Forfeiture, it changes is slightly.

There should be no asset forfeiture in any form other than legitamite Rico Act cases.



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