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Woman sues Albuquerque for seizing car despite ban on civil asset forfeiture [View all]
Source: The Guardian
Woman sues Albuquerque for seizing car despite ban on civil asset forfeiture
Arlene Harjo is suing city, claiming it illegally seized her car on only
suspicion of a crime, despite a 2015 law making the practice by
police illegal
Nicky Woolf
Wednesday 31 August 2016 22.49 BST
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.
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Arlene Harjo is suing city, claiming it illegally seized her car on only
suspicion of a crime, despite a 2015 law making the practice by
police illegal
Nicky Woolf
Wednesday 31 August 2016 22.49 BST
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.
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Read more: https://www.theguardian.com/us-news/2016/aug/31/woman-sues-albuquerque-seizing-civil-asset-forfeiture-ban
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