Judge: Albuquerque vehicle seizure program unconstitutional
ALBUQUERQUE, N.M. (AP) — A federal judge has found the vehicle seizure program operated in Albuquerque to be unconstitutional.
A lawsuit was filed against the city over the program.
The Albuquerque Journal reported Monday that U.S. District Court Judge James Browning found the program unconstitutional in part because it required vehicle owners to prove their innocence after their car was taken.
Mayor Tim Keller’s administration previously said that it would give vehicle owners who weren’t driving when their car was seized more protections.
The city for years has operated a seizure program that allowed police to take cars from anyone arrested on suspicion of a second or subsequent drunken driving case, or someone arrested for driving on a revoked license.
The police would take the vehicles regardless of whether the driver owned the vehicle.
Information from: Albuquerque Journal, http://www.abqjournal.com