Three Years After New Mexico Banned Civil Forfeiture, Albuquerque Finally Ends It - Hit & Run : Reason.com:
April 12, 2018 - "Albuquerque resident Arlene Harjo's case started out like thousands of others: a seized car, claims of unfairness, and indifference from city officials. But two years later, ... Albuquerque announced this week that it will end the program following a federal judge's recent decision to allow Harjo's lawsuit against the city to proceed. 'Given changes in state law and recent court rulings, it's time to update the city's policy on vehicle seizures,' Albuquerque Mayor Tim Keller said in a statement....
"Under typical civil asset forfeiture laws, police can seize property they claim is connected to criminal activity, whether or not the owner is charged with a crime, and keep some or all of the proceeds..... Bipartisan concern about those issues led New Mexico to essentially ban civil asset forfeiture in 2015. The law, unanimously approved by the legislature and signed by Republican Gov. Susan Martinez, allows forfeiture only when there is an accompanying criminal conviction.
"Albuquerque ignored the reforms, however, arguing that its forfeiture ordinance was not pre-empted by the new law. At the time, the city was seizing about 1,000 cars a year from residents....One of those residents was Harjo, whose car was seized after her son drove it while drunk. In 2016, with help from the Institute for Justice, she filed a federal lawsuit, arguing that the city's lucrative vehicle seizure program conflicted with state law and was ... in violation of her 14th Amendment due process rights....
"Albuquerque returned her car in 2016 in an attempt to render her lawsuit moot and keep its program intact. But in a March 30 opinion, U.S. District Judge James Browning allowed the case to proceed, warning the city that Harjo had raised plausible claims that the city's profit incentive in seizing cars and its hearing process violated her constitutional rights.
"Browning said Albuquerque's ordinance unconstitutionally forced owners to prove themselves innocent. 'The Court concludes that the Forfeiture Ordinance's innocent owner defense violates due process,' he wrote, ... 'and there is a significant risk of erroneous deprivation flowing from placing the burden of proof on innocent owners.' Browning also concluded that New Mexico's reforms pre-empted Albuquerque's ordinance but dismissed that claim to allow state courts to sort the issue out."
"Robert Everett Johnson, an attorney at the Institute for Justice, which is representing Harjo, says the mayor's announcement "is a welcome change in the city's position."
"'For years Albuquerque refused to abide by state law,' he continued. 'Now we have to see if the city council will walk the walk and fully embrace the New Mexico Forfeiture Reform Act, including getting rid of policing for profit altogether. We're going to keep on fighting to vindicate not only Arlene's rights, but the constitutional rights of everyone in Albuquerque and New Mexico.'"
Read more: https://reason.com/blog/2018/04/12/three-years-after-new-mexico-banned-it-a
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April 12, 2018 - "Albuquerque resident Arlene Harjo's case started out like thousands of others: a seized car, claims of unfairness, and indifference from city officials. But two years later, ... Albuquerque announced this week that it will end the program following a federal judge's recent decision to allow Harjo's lawsuit against the city to proceed. 'Given changes in state law and recent court rulings, it's time to update the city's policy on vehicle seizures,' Albuquerque Mayor Tim Keller said in a statement....
"Under typical civil asset forfeiture laws, police can seize property they claim is connected to criminal activity, whether or not the owner is charged with a crime, and keep some or all of the proceeds..... Bipartisan concern about those issues led New Mexico to essentially ban civil asset forfeiture in 2015. The law, unanimously approved by the legislature and signed by Republican Gov. Susan Martinez, allows forfeiture only when there is an accompanying criminal conviction.
"Albuquerque ignored the reforms, however, arguing that its forfeiture ordinance was not pre-empted by the new law. At the time, the city was seizing about 1,000 cars a year from residents....One of those residents was Harjo, whose car was seized after her son drove it while drunk. In 2016, with help from the Institute for Justice, she filed a federal lawsuit, arguing that the city's lucrative vehicle seizure program conflicted with state law and was ... in violation of her 14th Amendment due process rights....
"Albuquerque returned her car in 2016 in an attempt to render her lawsuit moot and keep its program intact. But in a March 30 opinion, U.S. District Judge James Browning allowed the case to proceed, warning the city that Harjo had raised plausible claims that the city's profit incentive in seizing cars and its hearing process violated her constitutional rights.
"Browning said Albuquerque's ordinance unconstitutionally forced owners to prove themselves innocent. 'The Court concludes that the Forfeiture Ordinance's innocent owner defense violates due process,' he wrote, ... 'and there is a significant risk of erroneous deprivation flowing from placing the burden of proof on innocent owners.' Browning also concluded that New Mexico's reforms pre-empted Albuquerque's ordinance but dismissed that claim to allow state courts to sort the issue out."
"Robert Everett Johnson, an attorney at the Institute for Justice, which is representing Harjo, says the mayor's announcement "is a welcome change in the city's position."
"'For years Albuquerque refused to abide by state law,' he continued. 'Now we have to see if the city council will walk the walk and fully embrace the New Mexico Forfeiture Reform Act, including getting rid of policing for profit altogether. We're going to keep on fighting to vindicate not only Arlene's rights, but the constitutional rights of everyone in Albuquerque and New Mexico.'"
Read more: https://reason.com/blog/2018/04/12/three-years-after-new-mexico-banned-it-a
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