Tag Archives: New Mexico

Dust closes I-10 between US 191 in southeastern Arizona and Lordsburg, New Mexico

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PHOENIX — The Arizona Department of Transportation has closed Interstate 10 between US 191 in southeastern Arizona and Lordsburg, New Mexico, due to blowing dust from a field at milepost 376 near San Simon.

The 62-mile stretch will remain closed until visibility improves in the stretch next to the newly plowed field. With strong wind forecast throughout the day, the closure could continue through early Friday evening.

ADOT has personnel closely monitoring the area in conjunction with DPS and has resources in place to immediately close the highway when visibility becomes an issue for drivers. With strong winds in the forecast, drivers in the area should remember that conditions can quickly change and that dust is difficult to predict.

Eastbound I-10 traffic is being routed onto US 191 north to US 70 east in Safford. Drivers may continue on US 70 into New Mexico and re-enter I-10 at Lordsburg, New Mexico.

With westbound I-10 closed at Lordsburg, New Mexico, drivers may take US 70 to Safford and then US 191 south to I-10.

The detour route is approximately 110 miles.

With strong winds occurring today, motorists should keep in mind that blowing dust is possible even when there isn’t a major storm. Avoid driving into blowing dust, but if you are caught:

· Immediately check traffic around your vehicle (front, back and to the side) and begin slowing down.
· Do not wait until poor visibility makes it difficult to safely pull off the roadway; do it as soon as possible. Completely exit the highway if you can.
· Do not stop in a travel lane or in the emergency lane. Look for a safe place to pull completely off the paved portion of the roadway.
· Turn off all vehicle lights, including your emergency flashers.
· Set your emergency brake and take your foot off the brake.
· Stay in the vehicle with your seatbelts buckled and wait for the dust to subside.

For the most current information about highway closures and restrictions statewide, visit ADOT’s Travel Information Site at az511.gov, follow us on Twitter (@ArizonaDOT) or call 511.

(NM) Hal Stratton: Civil asset forfeiture bill is needed reform for state

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[NEW MEXICO] —

I still am against crime and a strong advocate for law enforcement. But there is no bigger miscarriage of justice than when those who are charged to protect us abuse that duty and cause harm to innocent and sometimes helpless citizens.

By Hal Stratton

Guest column
Posted: 04/02/2015 10:30:07 AM MDT

For those New Mexicans who believe in bipartisan government, reaching across the aisle and the political spectrum — there is good news. The New Mexico Legislature has just unanimously passed HB 560, without a single dissenting vote in either house. HB 560 revises the procedure involved in the forfeiting of citizens’ assets by government agencies, a practice referred to as “asset forfeiture.” Every year, federal and state law enforcement agents seize billions of dollars during traffic stops, simply by alleging the money is connected to some illegal activity. Under federal and New Mexico’s laws, these agencies are entitled to keep most (and sometimes all) of the money and property, even if the property owner is never convicted and, in some cases, never charged with a crime.

Why would law enforcement agencies, whose mission is to protect citizens and their property, engage in forfeiture? That question was candidly answered last November by the city attorney from Las Cruces who said that forfeiture could be a “gold mine” for city law enforcement agencies. “We could be czars. We could own the city. We could be in the real estate business” he stated further noting that the Las Cruces law enforcement agency collected about $1 million from residents through forfeiture since 2006. And these funds that are forfeited go directly into the law enforcement agencies coffers outside of the appropriations process and legislative oversight.

Read more at Ruidoso News

New Mexico legislature passes civil asset forfeiture reforms

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nm-sealNEW MEXICO — The unconstitutional procedure of civil forfeiture is being given special attention these days thanks to the Land of Enchantment. The New Mexico legislature passed H.B. 560 to limit civil forfeitures in their State. Governor Susana Martinez, however, has yet to sign it into law. The organization Freedom Works is concerned about the delay.

Recently Eric Holder announced new rules actually restricting civil forfeiture.

According to the End Forfeiture web site, there is a distinct difference between civil and criminal forfeiture.

In a criminal forfeiture, as the name implies, forfeiture of assets occurs when one is convicted of a crime. The action is taken against a person which means the person is given all rights to a criminal trial and a lawyer if one can not be afforded. The burden of evidence is on the government.

In a civil asset forfeiture, “Civil forfeiture cases are in rem proceedings—meaning that they are technically brought against the property itself rather than its owner. This legal fiction means that police and prosecutors can take and sell your cash, cars, homes or other property without having to convict you or even charge you with any wrongdoing. Fighting back means having to pay for a lawyer yourself or go it alone. And instead of the government having to prove your guilt, under civil forfeiture you must prove your innocence. It is an upside-down world that where the government holds all the cards and has the financial incentive to play them to the hilt.”

The classic example used is the IRS. If you deposit $10,000 or more regularly, that is reported to the IRS. If one starts depositing just less than that amount, the IRS assumes that you are guilty of attempting to hide something and acts to seize all of your assets. There may be no criminal charges brought against the person, but the burden of evidence is on the person to to prove their innocence. That may require lawyers fees more than the assets are worth, thus allowing the government to keep the seized assets.

The new rules by Eric Holder would require government authorities to act only on probable cause that the funds were generated by illegal activity or planned to be used in future criminal activity. In addition, if the activity does not prove to rise to the level to bring either civil or criminal trial, the agency must return assets in full.

This is a policy change, however, and can be changed by subsequent nominations to the position of Attorney General. This is just one example of why it is important for the Senate to select wisely. Freedom Works is not impressed with the civil asset forfeiture record of Loretta Lynch.

Action at the national level is not restricted to the office of the Attorney General. Senator Rand Paul (R-KY) has submitted S. 255 Senator Rand Paul (R-KY), the Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act [H.R. 540 in the House submitted by Rep. Tim Walberg (R-MI-7)].

The Senate bill would ensure that a person contesting civil forfeiture has legal representation and increase the burden of proof by the federal government to clear and convincing evidence of a criminal activity.

The act of civil access forfeiture violates not only the due process of the Fifth Amendment, but the Fourth Amendment protection against unreasonable searches and seizures and to be secure in their effects.

Civil asset forfeiture is not restricted to federal abuse. State and local law enforcement agencies have been known to seize assets without due process. The Institute for Justice gave Arizona a grade of D in 2010 for the civil forfeiture procedures in the State.

The New Mexico legislation is being hailed as the most sweeping reform of civil asset forfeiture in the history of the practice.

See Also:
1. New Mexico Nixes Civil Asset Forfeiture: Leviathan Can Be Defeated — Forbes
2. Arizona Earns “D” In “Policing for Profit” Report — Institute for Justice

Gary King makes totally non-racist remark about opponent

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Governor Martinez of New Mexico

Governor Martinez of New Mexico

NEW MEXICO – The Democratic candidate for the office of Governor of New Mexico is under fire for comments made at a private campaign function concerning incumbent Republican Governor Susanna Martinez. The non-racist Democrat Gary King stated that Governor Martinez “…does not have a Latino heart.”

While the Republican Governors Association is demanding an apology, Governor Martinez told KOAT in New Mexico:

I’m not sure what Gary King meant by what he said, so I’m not going to accuse him of racism.

King will not apologize stating that he was simply plagiarizing “labor leader” Dolores Huerta.

Main stream media, which appropriately jumped on the Mitt Romney 47% video, are fortunately silent on this non-racist non-issue. Mother Jones even went through the trouble of creating a total transcript of the entire “secret” video of Romney during his campaign event. They are silent on this video.

One poll shows that Governor Martinez may be re-elected for Governor of New Mexico, but a 2016 bid for the office of President of the United States is not likely.


Video from KOAT

SEE ALSO: New Mexico Gubernatorial Candidate Under Fire For Claiming Rival Susana Martinez ‘Does Not Have Latino Heart’