
New Mexico outlaws civil asset forfeiture - hackercurious
https://www.aclu-nm.org/victory-new-mexico-governor-signs-historic-property-rights-protections-into-law/2015/04/
======
Osiris
Link to the bill:
[http://www.nmlegis.gov/Sessions/15%20Regular/final/HB0560.pd...](http://www.nmlegis.gov/Sessions/15%20Regular/final/HB0560.pdf)

Here are the relevant details:

A. A person's property is subject to forfeiture if:

(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 as provided in Subsection B of this section.

B. Following a person's conviction for an offense to which forfeiture applies,
a court may order the person to forfeit:

(1) property the person acquired through commission of the offense;

(2) property directly traceable to property acquired through the commission of
the offense; and

(3) any instrumentality the person used in the commission of the offense.

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whoopdedo
The concern I have with civil asset forfeiture is that the seized property
goes directly to the sheriff. This gives the police a financial incentive to
seize assets. Law enforcement is not an activity that should be conducted with
a profit motive.

Even with limitations on what can be taken and when, I'd be more comfortable
if it went into the state's general fund, or better a fund for recompensating
victims of crime or accidents.

~~~
cmdkeen
It's pretty similar to all these tiny city jurisdictions which finance
significant portions of their revenue via fines, especially those that cover a
couple of miles of major roads.

~~~
thaumasiotes
related: [http://www.loweringthebar.net/2014/03/hampton-
fl.html](http://www.loweringthebar.net/2014/03/hampton-fl.html)

From the link (which you should check out):

> Hampton[, Florida] has existed, for whatever reason, since about 1925. Home
> to fewer than 500 people, it is located east of Highway 301 in north-central
> Florida. Some would say, actually, that it is located _on_ Highway 301, as a
> result of an amendment to the town's borders in the mid-1990s. See if you
> can spot the amendment on the map below:

I kind of wonder how this practice squares with the famous ideal of "no
taxation without representation". What we have here is a town of <500 people
who voted themselves the power to levy taxes on unrelated drivers passing not
even through, but nearby. The drivers, obviously, were not consulted. Why is
the town supposed to have this power in the first place?

~~~
a3n
> I kind of wonder how this practice squares with the famous ideal of "no
> taxation without representation".

 _Any_ restriction will be worked around.

In general, these rackets allow municipalities to avoid raising taxes, or even
bothering to ask, and it allows politicians to crow about not raising taxes,
yet still have the revenue that honestly and openly enacted taxes would bring.

~~~
thaumasiotes
But I'm not trying to focus on the fact that they're raising revenue by
calling their new taxes "traffic fines". That's true, and it's bad, but what's
really "special" here is that they've legally enacted the holy grail, a tax on
foreigners living abroad. Why would the town residents care even if this were
actually called a tax? Conversely, why is the town supposed to be allowed to
tax non-residents?

~~~
a3n
> why is the town supposed to be allowed to tax non-residents?

The argument would be the same for all speed trap/tax collection stations.
It's not for revenue, it's for public safety. They would be irresponsible to
not enforce speed limits.

In the case of the town in the article, it would be dangerous for drivers to
not suddenly slow down from 65 mph to 55 mph for the 0.2 miles that the road
passes through the town.

In general, it may help to keep in mind that you and I are nothing but
resources for corporations, governments, law enforcement, spy agencies and
other criminal organizations. The United States is a consumer paradise, in the
same way that Argentina is a beef paradise. The land of the free range
citizen.

------
pluma
New Mexico has banned civil asset forfeiture and the death penalty and has
legalized same-sex marriage.

Good to see at least some US states behave like they're in a first-world
country.

~~~
blakeja
Not everyone agrees with your definition.

~~~
blakeja
Politically correct thoughtcrime / dissent = Downvote, I like it.

~~~
pluma
Disagree about what?

Civil asset forfeiture is incompatible with the definition of "state of law"
(it's what you'd expect in some totalitarian banana republic, really).

Not allowing for same-sex marriage can not really be justified except for
religious reasons. And if a nation claims to maintain a separation of church
and state, religious reasons can not dictate law.

The death penalty is ineffective as a deterrent. The way it is practised in
the US (in effect, the way it has to be practised to maintain any claim of
being a civilised society) is extremely costly to the tax payer.

Assuming that killing innocent citizens is the amongst the worst things a
government can do, the death penalty also can't be morally justified in
anything other than a nearly perfect justice system (which the American
justice system evidently is not).

Which point exactly are you disagreeing with?

~~~
pc2g4d
> if a nation claims to maintain a separation of church and state, religious
> reasons can not dictate law.

But religious people can exercise their right to give input in the formulation
of law---the same right all citizens share regardless of the philosophy that
guides them to favor one position over another. After all, arbitrarily
excluding religious viewpoints from public discourse would be discriminatory,
would it not?

------
WalterBright
Thank you, New Mexico!

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anonbanker
And now I know where to store my assets. Thanks, HN!

------
jabo
Relevant John Oliver segment:
[https://www.youtube.com/watch?v=3kEpZWGgJks](https://www.youtube.com/watch?v=3kEpZWGgJks)

~~~
venomsnake
Just entered to comment how much impact a spotlight from a single comedian
could have. We should call it the cosby effect.

~~~
glibgil
I don't think Bill Cosby ever convinced anyone to pull their sagging pants up
and besides, he might be a rapist.

~~~
venomsnake
It was needed one comic to not shut up about Cosby being rapist for the whole
issue to cause his downfall. That is why it is the Cosby effect. The same as
Streisand effect is named after Barbara.

~~~
NoMoreNicksLeft
Do you have any evidence that he's a rapist? I know he hasn't been convicted,
so I would hope you at least have something more than an unfounded accusation.

~~~
pessimizer
There's been an update since the joke: Over a dozen women have openly accused
Bill Cosby of being a rapist. I know it has been widely reported, so I would
hope that you aren't reducing the statements of those women to "an unfounded
accusation."

~~~
venomsnake
It is a classical case of he said, she said, she said, she said, she said, she
said, she said, she said, she said, she said, she said, she said, she said,
she said, she said, she said, she said, she said, she said, she said, she
said, she said, she said, she said ... don't we hate when it happens like
that.

