(NM) Hal Stratton: Civil asset forfeiture bill is needed reform for state

[NEW MEXICO] —

I still am against crime and a strong advocate for law enforcement. But there is no bigger miscarriage of justice than when those who are charged to protect us abuse that duty and cause harm to innocent and sometimes helpless citizens.

By Hal Stratton

Guest column
Posted: 04/02/2015 10:30:07 AM MDT

For those New Mexicans who believe in bipartisan government, reaching across the aisle and the political spectrum — there is good news. The New Mexico Legislature has just unanimously passed HB 560, without a single dissenting vote in either house. HB 560 revises the procedure involved in the forfeiting of citizens’ assets by government agencies, a practice referred to as “asset forfeiture.” Every year, federal and state law enforcement agents seize billions of dollars during traffic stops, simply by alleging the money is connected to some illegal activity. Under federal and New Mexico’s laws, these agencies are entitled to keep most (and sometimes all) of the money and property, even if the property owner is never convicted and, in some cases, never charged with a crime.

Why would law enforcement agencies, whose mission is to protect citizens and their property, engage in forfeiture? That question was candidly answered last November by the city attorney from Las Cruces who said that forfeiture could be a “gold mine” for city law enforcement agencies. “We could be czars. We could own the city. We could be in the real estate business” he stated further noting that the Las Cruces law enforcement agency collected about $1 million from residents through forfeiture since 2006. And these funds that are forfeited go directly into the law enforcement agencies coffers outside of the appropriations process and legislative oversight.

Read more at Ruidoso News