The problem is that they apparently in many cases have not been returning items even without arrest. The Cato Inst. link explains the with Civil rather than Criminal Forfeiture, non only what a person is carrying, but even homes and vehicles can be seized and NEVER returned even with NO conviction. The ACLU link documents a successful case against unfair and abusive enforcement.
http://www.cato.org/events/policing-profit-abuse-civil-asset-forfeiture
Again without probable cause of a crime, a government search or seizure is “unreasonable” and violates the 4th Amendment, so a “civil” seizure by the government (no crime involved) is per-se illegal and unconstitutional.
People need to learn the Constitution and start standing up for their rights. Good for New Mexico. To reestablish freedom and the Constitution as the supreme law of the land, states need to start nullifying unconstitutional federal acts.
If the injustice is being perpetrated by the state, people need to see that either the state Constitution is enforced or amend the state Constitution