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re: New Mexico mom's car seized despite no criminal charges or even accusation
Posted on 9/8/16 at 6:15 pm to Mud_Till_May
Posted on 9/8/16 at 6:15 pm to Mud_Till_May
quote:
I wouldn't have even got mad
Yes you would've. Imagine the inconvenience of suddenly not having a car as it relates to getting to work, grocery shopping, etc
0
Posted on 9/8/16 at 6:37 pm to Sentrius
quote:
This is a good case to take to SCOTUS to get civil asset forfeiture tossed out onto the ashes of history.
That would require the SCOTUS to do the right thing and respect the Bill of Rights.
Posted on 9/8/16 at 6:47 pm to NYNolaguy1
One would think the city would just give her back the damn car and avoid the lawsuit.
Posted on 9/8/16 at 7:00 pm to brass2mouth
quote:
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.
That's not true, at least here. In NY the buyer is the title holder, but with liens placed on it from whoever financed it.
Posted on 9/8/16 at 7:17 pm to biglego
quote:
One would think the city would just give her back the damn car and avoid the laws
It's bigger than that- the city makes $8M/year from car seizures. If they give ground here they lose their cash cow.
They have to keep seizing cars to keep the city running.
Posted on 9/8/16 at 7:31 pm to NYNolaguy1
quote:
it illegally seized her car on only suspicion of a crime
Except that DWI is actually a crime.
She won't win this.
Posted on 9/8/16 at 7:44 pm to Evolved Simian
quote:
Except that DWI is actually a crime.
She won't win this.
A couple of items:
1)The city ordinance that justifies this seizure is in direct conflict with state law. State laws allows seizures only after conviction- not before.
2)She wasn't arrested for any crime or even accused of one. Police agree she's completely innocent. Also most states and even the federal government have provisions in their civil asset forfeiture statutes that have innocent owner provisions. In other words if the owner didn't know or didn't have reason to know a crime was being committed, the property shouldn't be seized.
This post was edited on 9/8/16 at 7:46 pm
Posted on 9/8/16 at 7:49 pm to Evolved Simian
quote:
Except that DWI is actually a crime.
a crime in which the vehicle will provide no benefit to the prosecution unless her son murdered someone with/in it
Posted on 9/8/16 at 8:04 pm to NYNolaguy1
quote:
It's bigger than that- the city makes $8M/year from car seizures. If they give ground here they lose their cash cow.
They couldve quietly given her back the damn car and no one else would've ever known about this issue. Now they're taking an unreasonable and unsympathetic hard line stance which is both public and probably unwinnable for the city.
Posted on 9/8/16 at 8:07 pm to biglego
Yeah, they may get that car but now their arse is out in the open about stealing property from people. This policy may come to an end or at least significantly scale down if this story gets big enough.
Posted on 9/8/16 at 8:46 pm to NYNolaguy1
while they turn a blind eye to drug and human trafficking.
Posted on 9/8/16 at 8:50 pm to AZTarheeel
man that would be so awesome if they made an episode in the coming season that used this case as part of the storyline.
Posted on 9/8/16 at 8:50 pm to jbgleason
quote:
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.
This right here.
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