Federal Judge Declares Civil Asset Forfeiture Program In Albuquerque Unconstitutional

Civil asset forfeiture has helped law enforcement agencies around the country to be able to pull in billions of dollars from people who most often are never charged and convicted of any wrongdoing. And that doesn't really sound like the sort of activity that you'd expect to find in a nation where people are basking in an environment that's overflowing with an abundance of freedom; which they're told to be regularly thankful for.

Civil asset forfeiture is a corrupt practice that has enabled widespread abuse of what should be constitutionally-protected natural rights. Because of the corruption it fuels, in recent years there have been attempts to try and reign in this practice in numerous jurisdictions. In a variety of circumstances, legal experts have deemed this sort of policing-for-profit behavior to be wildly inappropriate and unconstitutional, and now another federal judge in Albuquerque has also agreed to the corrupt nature of this policy.

Back in 2015, Gov. Susana Martinez signed a bill that was supposed to end the practice of civil forfeiture in New Mexico.

Despite its passage however, it looks as if law enforcement officials have been disregarding the intent for change. It's alleged that because some cities have become so financially dependent on the revenue that they bring in from this practice, that they've been unwilling to change their ways.

The civil asset forfeiture practice in question, specifically their vehicle seizure program, has been declared unconstitutional by a federal judge because it allows law enforcement to confiscate property when someone hasn't been convicted of any crime, it violates their presumption of innocence.

"The City of Albuquerque has an unconstitutional institutional incentive to prosecute forfeiture cases, because, in practice, the forfeiture program sets its own budget and can spend, without meaningful oversight, all of the excess funds it raises from previous years," - said Judge J. Browning

The judge has determined that the program violates due process and this isn't the only instance where such a conclusion has been reached, when this practice has been scrutinized.

Civil asset forfeiture is an incredible widespread assault on the private property rights of Americans and many people have been wrongfully victimized. It's enabled law enforcement to confiscate homes, cars, cash, boats, and other property; despite never being convicted of any crime or wrongdoing.

The Albuquerque mayor has responded since the ruling and suggested that it has only confirmed suspicions that past methods have been incorrect and that there's a clear need to improve efficiency when it comes to protecting what are supposed to be constitutionally-protected rights of those in their community.

Pics:
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