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Post by trailboss on Jan 16, 2023 11:45:30 GMT -5
Hopefully, they rule properly.
Cliff notes:
Say you own a home worth $250,000.00, and you owe $1,00.00 on taxes.
They put a lien on your property, and for whatever reason it does not get paid. The state auctions off your house, keeps the $1,000.00 and the remaining $249,000.00.
You get nothing.
And it isn’t necessarily about people giving the finger to the taxman, the one going before the SCOTUS is being brought by a 94 year old woman.
12 states engage in this, and Minnesota pulled it on 1,200 residents between 2014 and 2020, none of the residents got a dime back, and on the average, their debt was 8% of the home value.
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Post by toshtego on Jan 16, 2023 20:35:56 GMT -5
If the police find $1,000 cash in your car they may keep it and your car.
This is not a partisan issue.
Simple possession of cash is evidence of crime.
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Post by zambini on Jan 16, 2023 22:09:55 GMT -5
Yeah, they passed a law approving civil forfeiture here last year citing the US's successful use of similar laws. I imagine this is next...surely this runs afoul of some private property law.
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Post by trailboss on Jan 16, 2023 22:57:17 GMT -5
Right on both counts, the forfeiture nonsense is ridiculous.
And it is routinely abused in a lot of jurisdictions.
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Post by toshtego on Jan 17, 2023 1:15:06 GMT -5
Right on both counts, the forfeiture nonsense is ridiculous. And it is routinely abused in a lot of jurisdictions. Seems to run afoul of the IV Amendment. Why it is still permitted is a mystery. |
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Post by Ronv69 on Jan 17, 2023 12:16:37 GMT -5
Right on both counts, the forfeiture nonsense is ridiculous. And it is routinely abused in a lot of jurisdictions. Seems to run afoul of the IV Amendment. Why it is still permitted is a mystery. Cause our government by the people would never do anything against the Constitution, right? That damned piece of parchment makes it very inconvenient to run a government and rule a country. |
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Post by toshtego on Jan 17, 2023 16:51:51 GMT -5
Seems to run afoul of the IV Amendment. Why it is still permitted is a mystery. Cause our government by the people would never do anything against the Constitution, right? That damned piece of parchment makes it very inconvenient to run a government and rule a country. New Mexico passed a Criminal Forfeiture Law which was signed by Governor Martinez. It requires the District Court to issue an order for seizure of property. This based upon a sworn statement by a law officer as to the substantial cause for such seizure. Just having a pile of cash is not a crime nor sufficient cause for seizure. Also, the money goes into the state's General Fund and not the agency's bank account. Thus it is dispersed only by fiat of the legislature and controlled by the State Auditor. NMSA 31-24-4. |
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Post by toshtego on Jan 17, 2023 17:27:24 GMT -5
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Post by Ronv69 on Jan 17, 2023 18:37:31 GMT -5
Cause our government by the people would never do anything against the Constitution, right? That damned piece of parchment makes it very inconvenient to run a government and rule a country. New Mexico passed a Criminal Forfeiture Law which was signed by Governor Martinez. It requires the District Court to issue an order for seizure of property. This based upon a sworn statement by a law officer as to the substantial cause for such seizure. Just having a pile of cash is not a crime nor sufficient cause for seizure. Also, the money goes into the state's General Fund and not the agency's bank account. Thus it is dispersed only by fiat of the legislature and controlled by the State Auditor. NMSA 31-24-4. So the testimony of one government employee and they can take your bank account, leaving you unable to hire a lawyer? Where's the due process? |
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Post by toshtego on Jan 18, 2023 16:00:25 GMT -5
New Mexico passed a Criminal Forfeiture Law which was signed by Governor Martinez. It requires the District Court to issue an order for seizure of property. This based upon a sworn statement by a law officer as to the substantial cause for such seizure. Just having a pile of cash is not a crime nor sufficient cause for seizure. Also, the money goes into the state's General Fund and not the agency's bank account. Thus it is dispersed only by fiat of the legislature and controlled by the State Auditor. NMSA 31-24-4. So the testimony of one government employee and they can take your bank account, leaving you unable to hire a lawyer? Where's the due process? It is the identical process as any search warrant or arrest warrant issued. Same judicial review. Same standards of material facts. |
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