Federal judge rules New Mexico’s civil forfeiture law unconstitutional
From the press release: From the moment he is handed a possibility of making the first alien contact, Saunders Maxwell decides he will do it, even if doing so takes him through hell and back.
Unfortunately, that is exactly where that journey takes him.
The vision that Zimmerman paints of vibrant human colonies on the Moon, Mars, the asteroids, and beyond, indomitably fighting the harsh lifeless environment of space to build new societies, captures perfectly the emerging space race we see today.
He also captures in Pioneer the heart of the human spirit, willing to push forward no matter the odds, no matter the cost. It is that spirit that will make the exploration of the heavens possible, forever, into the never-ending future.
Available everywhere for $3.99 (before discount) at amazon, Barnes & Noble, all ebook vendors, or direct from the ebook publisher, ebookit.
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.
Readers!
Every July, to celebrate the anniversary of the start of Behind the Black in 2010, I hold a month-long fund-raising campaign to make it possible for me to continue my work here for another year.
This year's fund-raising drive however is more significant in that it is also the 10th anniversary of this website's founding. It is hard to believe, but I have been doing this for a full decade, during which I have written more than 22,000 posts, of which more than 1,000 were essays and almost 2,600 were evening pauses.
This year's fund drive is also more important because of the growing intolerance of free speech and dissent in American culture. Increasingly people who don't like what they read are blatantly acting to blackball sites like mine. I have tried to insulate myself from this tyrannical effort by not depending on Google advertising or cross-posts Facebook or Twitter. Though this prevents them from having a hold on me, it also acts to limit my exposure.
Therefore, I hope you will please consider donating to Behind the Black, by giving either a one-time contribution or a regular subscription, as outlined in the tip jar below. Your support will allow me to continue covering science and culture as I have for the past twenty years, independent and free from any outside influence.
Regular readers can support Behind The Black with a contribution via paypal:
If Paypal doesn't work for you, you can support Behind The Black directly by sending your donation by check, payable to Robert Zimmerman, to
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From the press release: From the moment he is handed a possibility of making the first alien contact, Saunders Maxwell decides he will do it, even if doing so takes him through hell and back.
Unfortunately, that is exactly where that journey takes him.
The vision that Zimmerman paints of vibrant human colonies on the Moon, Mars, the asteroids, and beyond, indomitably fighting the harsh lifeless environment of space to build new societies, captures perfectly the emerging space race we see today.
He also captures in Pioneer the heart of the human spirit, willing to push forward no matter the odds, no matter the cost. It is that spirit that will make the exploration of the heavens possible, forever, into the never-ending future.
Available everywhere for $3.99 (before discount) at amazon, Barnes & Noble, all ebook vendors, or direct from the ebook publisher, ebookit.
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.
Every July, to celebrate the anniversary of the start of Behind the Black in 2010, I hold a month-long fund-raising campaign to make it possible for me to continue my work here for another year.
This year's fund-raising drive however is more significant in that it is also the 10th anniversary of this website's founding. It is hard to believe, but I have been doing this for a full decade, during which I have written more than 22,000 posts, of which more than 1,000 were essays and almost 2,600 were evening pauses.
This year's fund drive is also more important because of the growing intolerance of free speech and dissent in American culture. Increasingly people who don't like what they read are blatantly acting to blackball sites like mine. I have tried to insulate myself from this tyrannical effort by not depending on Google advertising or cross-posts Facebook or Twitter. Though this prevents them from having a hold on me, it also acts to limit my exposure.
Therefore, I hope you will please consider donating to Behind the Black, by giving either a one-time contribution or a regular subscription, as outlined in the tip jar below. Your support will allow me to continue covering science and culture as I have for the past twenty years, independent and free from any outside influence.
Regular readers can support Behind The Black with a contribution via paypal:
If Paypal doesn't work for you, you can support Behind The Black directly by sending your donation by check, payable to Robert Zimmerman, to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
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.