Federal judge rules New Mexico’s civil forfeiture law unconstitutional
Good news! A federal judge has ruled that New Mexico’s civil forfeiture law is unconstitutional.
Federal judge James O. Browning found that seizing property from those suspected of a crime, even before a legal judgment had been rendered, violated the property owner’s legal right to the presumption of innocence. The law placed the burden on citizens to absolve themselves from crimes of which they’re accused, even if they had not been charged. He also held that the program’s funds collection, which bankrolls its budget, enticed law enforcement officials to work for personal benefit rather than for civilian protection.
“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,” Browning, who sits on the District Court of New Mexico, wrote in an order Saturday.
Hopefully this is only the beginning. Civil forfeiture, which is really nothing more than theft by government, violates the plain language of the Fifth amendment to the Constitution.That federal and state officials have been able to get away with it for the last few decades in unconscionable.
Now available in hardback and paperback as well as ebook!
From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.
Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.
“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of founder of the Mars Society.
All editions are available at Amazon, Barnes & Noble, and all book vendors, with the ebook priced at $5.99 before discount. The ebook can also be purchased direct from my ebook publisher, ebookit, in which case you don't support the big tech companies and I get a bigger cut much sooner.
Autographed printed copies are also available at discount directly from me (hardback $24.95; paperback $14.95; Shipping cost for either: $5.00). Just email me at zimmerman @ nasw dot org.
Good news! A federal judge has ruled that New Mexico’s civil forfeiture law is unconstitutional.
Federal judge James O. Browning found that seizing property from those suspected of a crime, even before a legal judgment had been rendered, violated the property owner’s legal right to the presumption of innocence. The law placed the burden on citizens to absolve themselves from crimes of which they’re accused, even if they had not been charged. He also held that the program’s funds collection, which bankrolls its budget, enticed law enforcement officials to work for personal benefit rather than for civilian protection.
“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,” Browning, who sits on the District Court of New Mexico, wrote in an order Saturday.
Hopefully this is only the beginning. Civil forfeiture, which is really nothing more than theft by government, violates the plain language of the Fifth amendment to the Constitution.That federal and state officials have been able to get away with it for the last few decades in unconscionable.
Now available in hardback and paperback as well as ebook!
From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.
Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.
“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of founder of the Mars Society.
All editions are available at Amazon, Barnes & Noble, and all book vendors, with the ebook priced at $5.99 before discount. The ebook can also be purchased direct from my ebook publisher, ebookit, in which case you don't support the big tech companies and I get a bigger cut much sooner.
Autographed printed copies are also available at discount directly from me (hardback $24.95; paperback $14.95; Shipping cost for either: $5.00). Just email me at zimmerman @ nasw dot org.
Bob,
Have you seen anything on ARCA Space about Dumitru Popescu?
https://www.gofundme.com/legal-help-for-dumitru-popescu
Marcusz1967: If you go to ARCA’s facebook page, it appears that in mid-July Popescu returned to Romania. It also appears that they are shifting their technical operations to Romania to avoid the harassment that U.S. government officials are subjecting Popescu to.
I have seen no evidence of any wrong-doing, or even the appearance of wrong-doing, by Popescu. The actions of my government here thus generally appall me.