News & Commentary

New Mexico outlaws civil asset forfeiture, aka “Policing for profit”

 

ALBUQUERQUE, NM—Today, the ACLU, Disability Rights New Mexico, and the Native American Voters Alliance filed a motion to intervene in the settlement agreement between the Department of Justice (DOJ) and the City of Albuquerque. Were the court to grant this motion,  these local community organizations would become  parties to the agreement with the City, increasing the community’s say in how the agreement will be implemented. “We have always maintained that local community involvement is essential to the success of the effort to reform the Albuquerque Police Department,” said Alexandra Freedman Smith, Legal Director for the ACLU of New Mexico. “The most vulnerable populations in Albuquerque suffer the brunt of unconstitutional policing practices, and their voices must be a part of the conversation. Together, we can strengthen the efforts to build APD into the responsible, community-friendly police force our city deserves.” Three organizations will act as plaintiffs on behalf of the Albuquerque communities most vulnerable to police excessive use of force: 

SANTA FE, NM—Today, Republican Representative Zachary J. Cook introduced a bill designed to end civil asset forfeiture—also known as “policing for profit”—in New Mexico. This unfair practice allows police to seize and keep property of citizens who haven’t even been charged with a crime, never mind convicted. Rep. Cook’s legislation would end the legal fiction of civil forfeiture—that property can be responsible for a crime—and replaces it with criminal forfeiture. Criminal forfeiture requires a conviction of a person as a prerequisite to losing property tied to the crime.

ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico responded to the news that the Albuquerque District Attorney’s Office will charge Albuquerque Police Department (APD) officer Dominique Perez and former APD officer Keith Sandy with murder for the March, 2014 shooting of homeless camper James Boyd. The following quote may be attributed to ACLU of New Mexico Executive Director Peter Simonson:

By Micah McCoy, Communications Director

LAS CRUCES, NM—Today, the Doña Ana County Board of County Commissioners voted and passed a resolution establishing the county as a “Safe Community for All Residents.” The resolution joins Doña Ana County with countless communities across the nation, including major urban centers, which have passed similar resolutions stating that routine enforcement of federal immigration law is not the job of county employees.

EL PASO, TX—The University Medical Center of El Paso and emergency room physicians have paid a New Mexico woman $1.1 million for their role in the traumatic body cavity searches she suffered at the facility, announced the American Civil Liberties Union (ACLU) of New Mexico and the ACLU of Texas today. The hospital has also agreed to review recent revisions to its internal policies governing law enforcement searches with ACLU lawyers. According to charges in a lawsuit filed in December of last year, medical professionals performed the highly invasive searches without a warrant at the behest of U.S. Customs and Border Protection (CBP) agents.“We are very pleased that the hospital has taken steps to alleviate the great wrong done to our client,” said ACLU of New Mexico cooperating attorney Laura Schauer Ives. “We hope this settlement will stand as a powerful

Report Shows Injustice, Suffering, Caused by SWAT Teams Deployed for Low-Level Police Work, Not Crises