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The new law, which takes effect in July, will bar law enforcement seizures on civil grounds during an arrest or traffic stop on suspicion the property was connected to a crime. It will not prevent forfeiture – of cars, houses or other assets – in criminal cases when a defendant is found guilty.
However, any proceeds from forfeitures will have to be put into the state’s general fund instead of being used to bolster individual law enforcement agencies’ budgets.
Albuquerque officials said Friday that it remains uncertain what effect the bill will have on the city. The city has received more than $11 million since the 2010 fiscal year from different types of seizures.
The city of Albuquerque’s DWI seizure program, for example, takes vehicles suspected of being driven by repeat drunken driving offenders under a nuisance and abatement ordinance, and not the New Mexico Forfeiture Act, said managing assistant attorney Eric Locher. The city has received more than $8 million from seizing those vehicles and requiring owners pay fees to get the vehicles back, or by putting the vehicles up for auction, according to city records.
“We’re going to err on the side of caution and continue to enforce the (DWI seizure) program for public safety,” he said. “We anticipate there will be some litigation because there is some ambiguity in the law.”
Gov. signs law prohibiting civil asset forfeiture Albuquerque Journal News
We aren't going to take it over here but......
However, any proceeds from forfeitures will have to be put into the state’s general fund instead of being used to bolster individual law enforcement agencies’ budgets.
Albuquerque officials said Friday that it remains uncertain what effect the bill will have on the city. The city has received more than $11 million since the 2010 fiscal year from different types of seizures.
The city of Albuquerque’s DWI seizure program, for example, takes vehicles suspected of being driven by repeat drunken driving offenders under a nuisance and abatement ordinance, and not the New Mexico Forfeiture Act, said managing assistant attorney Eric Locher. The city has received more than $8 million from seizing those vehicles and requiring owners pay fees to get the vehicles back, or by putting the vehicles up for auction, according to city records.
“We’re going to err on the side of caution and continue to enforce the (DWI seizure) program for public safety,” he said. “We anticipate there will be some litigation because there is some ambiguity in the law.”
Gov. signs law prohibiting civil asset forfeiture Albuquerque Journal News
We aren't going to take it over here but......
