Asset forfeiture generates millions in Dona Ana County; former DOJ employee calls the practice unconstitutional

Las Cruces police and the Dona Ana County Sheriff’s Office enforce laws that let them seize people’s property. It’s called asset forfeiture but critics call it legalized robbery. Debra Wattier lives in Las Cruces and learned about the law after her family’s truck was impounded. She told KFOX14, "They treated me like I was the criminal and I was very frustrated. I didn't handle things very well." The truck was seized the day after Christmas because her brother was caught driving it on a suspended license. The vehicle belongs to her parents but that doesn’t matter. Kelly Jameson, a spokesperson for the Dona Ana County Sheriff’s Office, told KFOX14“By state statute we can seize a vehicle if it meets certain criteria. So if you’re caught driving with a prior DWI conviction and you’re caught driving under the influence we have the right to seize your vehicle. If you’re driving on a revoked license, we can seize your vehicle.” Last year at a conference in Santa Fe, the now former City Attorney for Las Cruces Pete Connelly was caught on camera, joking about taking people’s stuff. The video was obtained by New Mexico Watchdog, an investigative news site covering politics. “Just think what you could do as a legal department,” he told other attorneys. “We could be czars. We could be in the real estate business.” Connelly still works for the city but is no longer the head attorney. A spokesperson with the city of Las Cruces wouldn’t comment on the video but says the city has seized over 2,100 vehicles since 2006 which has generated more than $1.2 million in revenue. Brad Cates is the former director of the justice department’s forfeiture program and said, “Well he was only speaking the truth is the problem.” He said forfeiture laws were created to fight the war on drugs but now he’s against these kinds of programs. “We’ve gone from drugs to over 200 laws. So you have a law where there’s no conviction, no finding of guilt. Just a seizure without a judicial warrant. They seize your property. They take it away and the property is the defendant.” The Dona Ana County Sheriff’s Office has its own forfeiture program which generated more than $200,000 in 2014...more