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Liberty News ForumLNF Forums HerePolitical Opinion Page - The Hot Seat › NewMexico Gov Signs Anti Forfiture Bill
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katsung47
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NewMexico Gov Signs Anti Forfiture Bill
Apr 23rd, 2015 at 5:33pm
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A rare news neglected by the mainstream.

NewMexico Gov Signs Anti Forfiture Bill (Good News) 11th hour


A few hours ago, Governor Susana Martinez of New Mexico signed groundbreaking legislation to strengthen the protection of individual rights in her state. The bill, H.B. 560, requires a criminal conviction in order for law enforcement to be able to use civil asset forfeiture to seize private property.

Civil asset forfeiture is the process by which government agents can take your property if you are suspected of a crime, but without formally filing charges. In effect, the government charges the property itself with a crime, and the burden is then on the citizen to prove his propertys innocence. Such broad powers for law enforcement clearly violate the Fifth Amendment right to due process. Law enforcement can all too easily abuse this procedure as a way to persecute innocent citizens or to self-fund their offices with forfeited assets.


http://www.freedomworks.org/content/thank-you-governor-martinez
  
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JohnnyBLate
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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #1 - Apr 23rd, 2015 at 5:38pm
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The whole country did this at one time to build railroads.
  

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Possibly Logical
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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #2 - Apr 23rd, 2015 at 5:49pm
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JohnnyBLate wrote on Apr 23rd, 2015 at 5:38pm:
The whole country did this at one time to build railroads.


This is something different.  I think it only applies to police officers.

Unfortunately,  this may leado to an increase in the number of criminal convictions or may have other adverse side effects.
  
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notime
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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #3 - Apr 23rd, 2015 at 6:13pm
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katsung47 wrote on Apr 23rd, 2015 at 5:33pm:
A rare news neglected by the mainstream.

NewMexico Gov Signs Anti Forfiture Bill (Good News) 11th hour


A few hours ago, Governor Susana Martinez of New Mexico signed groundbreaking legislation to strengthen the protection of individual rights in her state. The bill, H.B. 560, requires a criminal conviction in order for law enforcement to be able to use civil asset forfeiture to seize private property.

Civil asset forfeiture is the process by which government agents can take your property if you are suspected of a crime, but without formally filing charges. In effect, the government charges the property itself with a crime, and the burden is then on the citizen to prove his propertys innocence. Such broad powers for law enforcement clearly violate the Fifth Amendment right to due process. Law enforcement can all too easily abuse this procedure as a way to persecute innocent citizens or to self-fund their offices with forfeited assets.


http://www.freedomworks.org/content/thank-you-governor-martinez


The New York Times covered this on April 10th.
  
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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #4 - Apr 23rd, 2015 at 6:22pm
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Possibly Logical wrote on Apr 23rd, 2015 at 5:49pm:
This is something different. I think it only applies to police officers.

Unfortunately, this may leado to an increase in the number of criminal convictions or may have other adverse side effects.

I suppose it's possible, but I can't imagine that the positives wouldn't outweigh any negatives associated.

Civil asset forfeiture basically incentivizes police stations and departments to take cash and other valuables from anybody suspected in a crime without necessarily charging the person.

This seizure is then very difficult for the suspected individual to reclaim, even if the suspect is never charged or convicted of a crime.

And police departments are able to use these seized valuables for department purchases.

It's grotesque. Particularly when it's clear that the majority seized assets originate from the wicked war on drugs, when consenting adults are choosing to participate in non-violent behaviors and police feel the need to try to stop it.
  

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Paul Hadrian and his Stones
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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #5 - Apr 23rd, 2015 at 6:44pm
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I'm just stunned this sort of legislation is needed.
  

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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #6 - Apr 24th, 2015 at 3:00am
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Paul Hadrian and his Stones wrote on Apr 23rd, 2015 at 6:44pm:
I'm just stunned this sort of legislation is needed.


Me too.  The fact is that police departments have been robbing people for decades.  No one has really done anything about it and they have gotten away scott free...robbing and beating people in the name of enforcing the law. 
  
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Re: NewMexico Gov Signs Anti Forfiture Bill
Reply #7 - Apr 24th, 2015 at 7:43am
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This is just one more signal that we need a complete overhaul of our criminal justice system.  Police stealing personal property,  dressing up and arming themselves like an occupying army, arresting and convicting people for all types of non violent behavior;  what the hell happened to this country ?
  

End the war on drugs.  End right wing ideology. End the American Taliban.  Legalze freedom !
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