Back in April, I reported on the case of Arlene Harjo. When Arlene’s son drove her car while drunk, the Albuquerque Police Department (APD) seized her car using a process known as civil asset forfeiture. They would not give it back even though she had committed no crime. Now, a federal judge presiding over her case has found that Albuquerque’s use of civil asset forfeiture is “unconstitutional.”
In 2015, a law was passed in New Mexico essentially banning civil asset forfeiture. This is the legal procedure where law enforcement can take an individual’s property when it is suspected of being involved in a crime. In most states, criminal charges do not need to be filed as this type of forfeiture is a civil, not a criminal, process.