Gov. Susana Martinez signed a bill Friday virtually ending the practice of civil forfeiture, making the state a leader in sharply restricting a contentious policy that critics say deprives citizens of due process and gives law enforcement a profit motive.
“This is landmark legislation to protect people’s property and due process rights,” said Lee McGrath, a lawyer with the Institute for Justice, a libertarian civil rights group that has long campaigned against the practice. The law preserves criminal forfeiture, in which assets tied to crime can be taken if the owner is convicted.
In a letter to lawmakers, Governor Martinez said the law improved constitutional protections even as she said that forfeiture funds had helped “in keeping our communities safe and in protecting our officers from harm.” Only one other state, North Carolina, does not permit civil forfeiture, but law enforcement officials there can still profit from forfeitures by cooperating with federal agents, Mr. McGrath said.
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It's about time!
ReplyDeleteThey could take someone's personal property even if it wasn't actually used in whatever they were accused of, and keep it even if they were not found guilty.
they could also keep it if no charges were even filed.
ReplyDeleteThe police (acting in their role as ARMED GOVERNENT AGENTS) confiscated, without charges or trial.....wait for it.....
ReplyDeletealmost 7 BIILION dollars in property and cash JUST LAST YEAR!!
Think about that.
In America, highway robbery is not done by robbers, its done by cops, who can and will shoot you for resisting their "confiscation" of your property.
Cop: Sir, why are you and your family traveling through our state with $3000 in cash? Y'all some kind of drug smugglers?
Tourist: No, sir! We're on the way to Las Vegas.
Cop: Is that where your dealer lives, boy??
Tourist: No sir. We're just going on vacation.
Cop: Well, I can't be sure of that, so I'm taking that cash and y'all can come back and apply to have your property back. It might take a year or so.
Tourist: Officer, we live in Illinois!
Cop: That's your problem, boy. Got any drugs in there?
No charges. No arrests. No trial.
The Gestapo just TAKES it.
In America?????
Resist (not comply to armed robbery)) and you, your wife, and your kids might take 30 rounds, randomly fired at your car, of course. Or spend a day or two in jail (all you wanted to do was go on vacation, just not at some jail in a two bit Texas town). So much for "not doing anything wrong", huh, you cheerleading lemmings.
Think about how many times this scenario played out to confiscate 6.7 BILLION dollars in a year. One year.
Keep cheering -- there are still 48 states that have the pedal to the metal on modern day Constitutional law. And modern highway robbery techniques.