New Mexico becomes 1st state to ban civil asset forfeiture
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Author Topic: New Mexico becomes 1st state to ban civil asset forfeiture  (Read 2941 times)
King
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« on: April 10, 2015, 05:06:31 PM »
Well, sort of...

http://dailycaller.com/2015/04/10/breaking-new-mexico-gov-abolishes-civil-asset-forfeiture-bill/

Police can still seize assets, but all assets seized are turned over to the state public fund, meaning departments in the state have no financial incentive to utilize the practice for anything other than evidence collection.
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Atlas Has Shrugged
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« Reply #1 on: April 10, 2015, 05:15:55 PM »
Good news!
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Free Bird
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« Reply #2 on: April 10, 2015, 05:25:05 PM »
Freedom news!
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Starbucks Union Thug HokeyPuck
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« Reply #3 on: April 10, 2015, 05:29:27 PM »
A step in the right direction to lessen police oppression. 
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Ebowed
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« Reply #4 on: April 10, 2015, 05:43:38 PM »
I thought Minnesota and maybe North Carolina had similar legislation already.
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BRTD
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« Reply #5 on: April 10, 2015, 06:14:00 PM »
Ours is different, it bans asset forfeiture for anyone who hasn't been convicted of a crime. This seems to not be the law in New Mexico but it does lower incentive for it. A good step regardless.
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Türkisblau
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« Reply #6 on: April 10, 2015, 08:37:30 PM »
Pretty damn necessary seeing how horrible the APD is.
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ElectionsGuy
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« Reply #7 on: April 11, 2015, 12:30:36 AM »
Freedom state!
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RFayette
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« Reply #8 on: April 11, 2015, 12:51:20 PM »
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Simfan34
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« Reply #9 on: April 11, 2015, 02:56:10 PM »
Horrible law.
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politicus
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« Reply #10 on: April 11, 2015, 03:42:19 PM »

Ever the contrarian.
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shua
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« Reply #11 on: April 12, 2015, 12:01:27 AM »
Quote from: Monarch on April 10, 2015, 05:06:31 PM
Well, sort of...

http://dailycaller.com/2015/04/10/breaking-new-mexico-gov-abolishes-civil-asset-forfeiture-bill/

Police can still seize assets, but all assets seized are turned over to the state public fund, meaning departments in the state have no financial incentive to utilize the practice for anything other than evidence collection.

also, if you are not found guilty, the state can't keep your property at all (though still can be seized in the meantime).
  It is excellent to finally see states moving in the direction of limiting this awful practice.
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BRTD
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« Reply #12 on: April 12, 2015, 02:08:08 AM »
Quote from: shua on April 12, 2015, 12:01:27 AM
Quote from: Monarch on April 10, 2015, 05:06:31 PM
Well, sort of...

http://dailycaller.com/2015/04/10/breaking-new-mexico-gov-abolishes-civil-asset-forfeiture-bill/

Police can still seize assets, but all assets seized are turned over to the state public fund, meaning departments in the state have no financial incentive to utilize the practice for anything other than evidence collection.

also, if you are not found guilty, the state can't keep your property at all (though still can be seized in the meantime).

Ah, same as the Minnesota and North Carolina laws too then. Excellent.
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Associate Justice PiT
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« Reply #13 on: April 12, 2015, 04:18:20 AM »
     A fine law, and an effective way to protect against the abuses of the police force.
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The Arizonan
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« Reply #14 on: April 12, 2015, 11:03:50 AM »
It's about time they made a step in the right direction.

F*** the police!
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Simfan34
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« Reply #15 on: April 12, 2015, 06:42:45 PM »

Contrarianism this is not. It's quite consistent with everything else I say.
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shua
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« Reply #16 on: April 12, 2015, 08:50:52 PM »

"Contrarianism" on Atlas = not going along uncritically with what everyone else is saying.
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snowguy716
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« Reply #17 on: April 12, 2015, 09:10:54 PM »
« Edited: April 12, 2015, 09:25:27 PM by Snowguy716 »
Well it didn't ban civil asset forfeiture and it wasn't the first state.

Minnesota did away with it with their prescription last year and instead retain criminal asset forfeiture.  

New Mexico retains civil asset forfeiture but in a way that disincentivizes using it for revenue generation so that cops can still use it as evidence freehandedly to build a case.  Cuz NM has a GOP prosecutor for governor.  She is fair...but some are more equal than others.

In MN they must have a warrant to take and they must fully document what they take before they touch it and ensure it is returned in the same condition upon acquittal.  If guilty, you can go through the petition process to get your stuff back.  And anything not directly involved in criminal activity you are entitled to.

The trouble was that most were being acquitted but not going through civil court to get their stuff back...and then you had to prove the item wasn't involved in the crime.  Now the state must prove each item was used in the crime in order to keep it...item by item.

The NM/southern liberal way vs the MN/northern liberal way.  Threading the loophole vs. threading the needle.

That said:  if my state were caught between Texas and Arizona...I'd take what I could get.  Especially from a (decent?) GOP governor.
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