New Mexico Ended Civil Asset Forfeiture. Why Then Is It Still Happening?

NPR ^ | MARTIN KASTE Twitter

[yefragetuwrabrumuy]

What ends it is when someone who has had their assets forfeited sues the pluperfect hell out of those who seized them unlawfully. Not just for the amount stolen, but with considerable punitive damages.

[dware]

What ends it is when someone who has had their assets forfeited sues the pluperfect hell out of those who seized them unlawfully.

Which, in this case, would likely cost them $10,000+ for the return of a $2500 car.

Sure, the law say they can't have their stuff seized until conviction, but right now, that car is evidence and will be impounded and held as such. Technically, the cops have not officially "seized" the car - it's impounded as evidence. The actual seizure will occur once the screwball mechanic gets convicted.

The cost of litigation to return one's property is the number one reason asset seizure laws continue to exist. That, and the fact that we are entirely unwilling to actually stand and fight - and die, if necessary - protecting our rights.

[Glad2bnuts]

The way to handle this would have been to call the County Sheriff and plead your case before they even left the scene. By all rights, if LE is stealing what is yours, you should be able to defend yourself using any means necessary. YES, that does include a gun. Cops have a gun and they would kill you if necessary to enforce a regulation. Citizens have the right to enforce their right to property and due process.

[baltimorepoet]

Eventually, people’s lack of legal recourse for injustice such as civil asset forfeiture is going to result in retaliation and bloodshed, and the people causing the injustice will be to blame.

If the authorities don’t want trouble, then they shouldn’t start any.

[nickcarraway]

People don’t seem to care about it anymore.

[jdege]

Which, in this case, would likely cost them $10,000+ for the return of a $2500 car.

This is why the law forbidding the practice needs to have teeth. Say, perhaps, 10% of the value of the property for each and every day that the property has not been returned to the owners.

Just to make it interesting, make it compound.

[yefragetuwrabrumuy]

That’s my point, to strip it of the profit, and make it a loss. Using your example, they take your $2500 car. It takes you $10000 to get it back. You are out $12500. So you then sue them for triple damages over attorney’s fees, *and* court costs.

This would need to be permitted by the state legislature, but would stop such nonsense cold.

[bkopto]

Take the cops to small claims court.

If that doesn’t work, the owner should ask to see the car to get some personal property from it . Then dump sugar in the gas tank, take off engine parts, etc. Let the .gov termites deal with the hulk they stole.

[monkeyshine]

Asset forfeiture without conviction is one of the many things I cannot believe the courts allow. It is so obviously a violation of our Constitutional civil rights. We have grown so large and the government so powerful, and it has for a long time now been that the government writes laws to expand and protect its interests, and against the interests and needs and wants of the people. We have to start turning this craziness back.

[CedarDave]

Well, I've gotten behind in Pinging the list again so instead of doing each story individually, here are recent New Mexico stories and their links:

EPA Pollutes River, Uses Scare Tactics To Take Control Of A Colorado Town

Turns Out Trump Has Always Liked Susana Martinez

Afghan national tied to Taliban, attack plot smuggled into US

Smuggling network guided illegals from Middle East terror hotbeds to U.S. border

Is Libertarian Gary Johnson a Good Alternative to Trump or Clinton?

Byron York: Why Trump attacked Martinez

An Unforgettable Day with Michelle Obama at Santa Fe Indian School

Libertarians pick ticket, slam Trump

Trump aide Lewandowski defends Martinez criticism, says focus should be jobs and economy

Gary Johnson wins Libertarian presidential nomination at party convention

Progressives just made the best argument possible for voting Trump

14-Year-Old Trump Protester Charged With Two Felonies

New Mexico Gov. Susana Martinez Planning to Meet With Donald Trump?

Clergy gather at Capitol to bash transgender bathroom policy (Santa Fe)

Great #NeverTrump hope Gary Johnson: I side with Bernie Sanders 73% of the time, you know

Why Gary Johnson will steal more votes from Clinton than Trump

If you have comments on any of the above articles, please make them at the associated link. Thanks.

NM list PING!

I may not PING for all New Mexico articles. To see New Mexico articles by topic click here: New Mexico Topics

To see NM articles by keyword, click here: New Mexico Keywords

To see the NM Message Page, click here: New Mexico Messages

(The NM list is available on my FR homepage for anyone to use. Let me know if you wish to be added or removed from the list.)
(For ABQ Journal articles requiring a subscription, scroll down to the bottom of the page to view the article for free after answering a question or watching a short video commercial.)

[CedarDave]

My apology for the long NM PING post; don’t mean to hijack the thread. I got behind with so many NM posts so instead of pinging each thread individually, this method takes care of them all at once.

[Dr. Bogus Pachysandra]

I’d sue everybody, including the mechanic and the shop he works for!

[oldbrowser]

The actual seizure will occur once the screwball mechanic gets convicted.

Not only that, but should the conviction fail, the family can go down to the local tow yard to claim their car after they pay the $1500/mo storage fee and tow bill.
The storage fee to be shared with law enforcement in some cases.

[dware]

This is why the law forbidding the practice needs to have teeth. Say, perhaps, 10% of the value of the property for each and every day that the property has not been returned to the owners.

Still wouldn't matter. The bottom line is, the cops have impounded the car for evidence. They haven't "seized" it, per se, just yet - it's just evidence. The asset forfeiture law wouldn't even come into play in this case, as the vehicle has not been "forfeited". It's just evidence. These folks can scream and kick all they want about the asset forfeiture law, but it does not apply in this particular case.

In essence, the lesson to be learned is that new laws are not going to fix the problem. The problem is beyond laws.

[dware]

Not only that, but should the conviction fail, the family can go down to the local tow yard to claim their car after they pay the $1500/mo storage fee and tow bill.

Exactly. And when that happens, the new 'asset forfeiture" law will have been followed to the letter.

[dware]

End ALL asset forfeiture

Still wouldn't change anything in this case. At this point, asset forfeiture has nothing to do with it. The car was impounded as evidence. The asset forfeiture law DOES NOT APPLY in this case.

[dware]

but would stop such nonsense cold.

In this case, the asset forfeiture laws have NOTHING to do with the situation. There's the problem. The car has been impounded as evidence. The police have not "seized" the car, nor has the family "forfeited" it. At this point, the family can talk with a lawyer about suing, and just for grins and giggles, let's say they DO sue. The court will kick the lawsuit out, as the car has not actually been seized, it is merely impounded for evidence and, due to an ongoing investigation/criminal case, the car will remain impounded.

Once the mechanic is convicted of his crime, there's the conviction. Under the new asset forfeiture law, the cops are well within their "rights" to then seize and keep the car.

If, on the off chance the mechanic is NOT convicted, then the family can immediately drive their car out of impound, AFTER paying the $$$$ for "storage fees" and such.

The only way the family could sue under the new law is:

1. The mechanic is NOT convicted, and

2. The police department keeps the car anyhow.

At that point, the family would then need to shell out the $10k for their $2.5k car. At that point, yes, your idea would come in handy.