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New Mexico mom's car seized despite no criminal charges or even accusation
Posted on 9/8/16 at 3:56 pm
Posted on 9/8/16 at 3:56 pm
quote:
A woman is suing the city of Albuquerque, claiming it illegally seized her car on only suspicion of a crime, and is seeking to resell it, despite a new state law banning the practice.
After her son was arrested in April for drunk driving while at the wheel of her borrowed Nissan Verso, Arlene Harjo, 56, found herself in court being told that she had to transfer ownership of the car to the city, or else settle the case for $4,000 to get it back.
But last year, New Mexico governor Susana Martinez signed a bill into law that made the practice, called civil asset forfeiture – under which police forces can confiscate and resell personal property based only on suspicion of its involvement in a crime, whether the owner was involved or not – illegal in New Mexico.
However, Albuquerque’s city government is choosing to interpret that law as only applying to state, rather than municipal police departments.
So Harjo has found herself stuck in a bureaucratic labyrinth in which she is making loan payments on a car as it sits in a government impound. On top of that, if she signs over ownership to the city, for resale, she will still have to keep making loan payments for a car she no longer possesses.
The Guardian
This is the same state that encouraged officers to "shop" for items they wanted- disgusting.
NY Times
13
Posted on 9/8/16 at 3:57 pm to NYNolaguy1
NB4playstupidgames
Posted on 9/8/16 at 3:58 pm to NYNolaguy1
she shouldn't have raised a loser
Posted on 9/8/16 at 3:59 pm to NYNolaguy1
When she gets her car back and sues the shite out of the city, it'll be sweet sweet justice.
Posted on 9/8/16 at 4:02 pm to NYNolaguy1
quote:
But last year, New Mexico governor Susana Martinez signed a bill into law that made the practice, called civil asset forfeiture –...– illegal in New Mexico.
get that chica on the ticket today.
quote:
However, Albuquerque’s city government is choosing to interpret that law as only applying to state, rather than municipal police departments.
eff them right in the vagina.
Posted on 9/8/16 at 4:04 pm to NYNolaguy1
Its a nissan. they aint worth crying over.
unless its a GTR which it isn't
unless its a GTR which it isn't
Posted on 9/8/16 at 4:05 pm to Topwater Trout
quote:
she shouldn't have raised a loser
I always find it interesting when people think someone should get punished because of the actions of another person.
Posted on 9/8/16 at 4:08 pm to NYNolaguy1
It said Nissan Verso but I am assuming it meant Versa. This is an $11k car new. They really set their sights low on grabbing it.
Posted on 9/8/16 at 4:12 pm to Hangit
quote:
It said Nissan Verso but I am assuming it meant Versa. This is an $11k car new. They really set their sights low on grabbing it.
Gotta go after the big time criminals and drug king pins.
Posted on 9/8/16 at 4:15 pm to NYNolaguy1
I hope she has a good lawyer from the institute working pro bono on this. This is a good case to take to SCOTUS to get civil asset forfeiture tossed out onto the ashes of history.
Posted on 9/8/16 at 4:16 pm to Topwater Trout
quote:
she shouldn't have raised a loser
This really doesn't matter at all. It's not the loser's car anyway.
quote:
Topwater Trout
Do you call yourself a small government conservative? Or even simply a conservative?
Posted on 9/8/16 at 5:19 pm to Sentrius
quote:
I hope she has a good lawyer from the institute working pro bono on this. This is a good case to take to SCOTUS to get civil asset forfeiture tossed out onto the ashes of history.
Do you really think that this would happen? This has been happening for so long, and this isn't the first time someone has sued over a similar incident. I mean, I would love for that to happen, but I wouldn't get my hopes up.
Posted on 9/8/16 at 5:39 pm to Hangit
quote:
This is an $11k car new. They really set their sights low on grabbing it.
you know who drives cheap cars? poor people. They're essentially betting that if they seize a cheap car that she'll be too poor to defend herself
Posted on 9/8/16 at 5:43 pm to Funky Tide 8
Civil Asset Forfeiture started out as a reasonable way to deprive the Cartels of assets used in the commission of major trafficking. Think planes, boats, coastal properties with docking facilities, private airports. No one ever intended for it to be perverted into seizing some ladies car when her son gets a DWI. It's criminal and needs to go. It shouldn't take SCOTUS. This was created in the Legislature and they can kill it. Our elected officials need to quit writing stupid SJW special protected classes laws and take care of this.
Posted on 9/8/16 at 5:46 pm to NYNolaguy1
Call the state police and report it stolen!
Posted on 9/8/16 at 5:46 pm to NYNolaguy1
How can she be forced to sign over something that doesn't belong to her? It belongs to the entity shes's making payments to, not her.
Posted on 9/8/16 at 5:48 pm to LSUCreole
I wouldn't have even got mad. When something is incredibly incomprehensible then you know it's only a matter of time before you get your things back.
Open and shut case, if I where her, I would reach out to to the insurance company and the ball to let them know what's going on so they can help you out anyway they can. People are pretty helpful in business.
Open and shut case, if I where her, I would reach out to to the insurance company and the ball to let them know what's going on so they can help you out anyway they can. People are pretty helpful in business.
Posted on 9/8/16 at 5:50 pm to LSUCreole
quote:
They're essentially betting that if they seize a cheap car that she'll be too poor to defend herself
I hope her and her pro bono attorney give them a good kick in the nuts, followed by a good kick in the nuts.
Posted on 9/8/16 at 5:51 pm to NYNolaguy1
quote:
On top of that, if she signs over ownership to the city, for resale, she will still have to keep making loan payments for a car she no longer possesses.
frick dem payments
Posted on 9/8/16 at 6:14 pm to Sentrius
quote:
I hope she has a good lawyer from the institute working pro bono on this. This is a good case to take to SCOTUS to get civil asset forfeiture tossed out onto the ashes of history.
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