ASSET FORFEITURE: NEW MEXICO

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Hi, Alan.  Nice forfeiture.

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Current Law

New Mexico Law Closes Asset Forfeiture Loophole Used By Cities
Bill Link: HB312
Effective Date: 4/8/2019
Overview: New Mexico Gov. Michelle Lujan Grisham signed a bill into law closing a loophole some city officials claim allows them to continue with civil asset forfeiture despite a 2015 law meant to end the practice. Even with the previous forfeiture law on the books, police in Albuquerque and other municipalities continued civil asset forfeiture programs, claiming the new state law does not apply to them. Passage of HB312 adds specific language to the state asset forfeiture law that expressly prohibits these municipal forfeiture programs, shutting them down for good. The legislation changes language in current asset forfeiture law to ensure its provisions explicitly apply to local law enforcement and municipal forfeiture programs.

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New Mexico Bill to Curb ‘Policing for Profit’
Bill Link: HB560
Effective Date: 4/10/2015
Overview: New Mexico Gov. Susana Martinez signed a bill into law that not only restricts the state from seizing property without due process, but throws a wrench into federal efforts to do the same.

House Bill 560 (HB560) prohibits the state from engaging in a practice that observers such as the Institute for Justice (IJ) have called ‘legal plunder.’ Under this law, the state of New Mexico is prohibited from confiscating property from suspects of a crime until after they are convicted. The new law only allows seizures under the following circumstances:

(1) the person was arrested for an offense to which forfeiture applies;

(2) the person is convicted by a criminal court of the offense; and

(3) the state establishes by clear and convincing evidence that the property is subject to forfeiture

Law enforcement often bypasses the state restrictions on asset forfeiture by partnering with a federal asset forfeiture program known as “equitable sharing.” The new law addresses this process with an express prohibition on using federal forfeiture law as an end-run around the new state restrictions.

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Watch This

4 Essential Steps to Nullify Federal Gun Control

All gun control is a violation of your natural right to keep and bear arms. But the ATF and their partners in local law enforcement aren’t going to stop themselves. When it comes to violations from the federal government, it takes sound strategy – and a lot of fortitude and perseverance on the part of the people. (podcast here)

Essential Reading

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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.