Search and Seizure Law Blog

Kennedy & Oliver is happy to report that it is one step closer to a complete resolution of its class action against the City of Albuquerque related to the seizure and disposition of cash from citizens. Kennedy & Oliver is in the process of receiving and organizing police reports and assuring that the City of Albuquerque is abiding by state law in regard to seizure and disposition of cash. Once individual victims have been identified, Kennedy & Oliver will notify victims of their rights and the process for claiming damages.

On April 26, 2006, the Second Judicial District Court in Bernalillo certified a class of all people whose cash Albuquerque police officers have seized and retained beyond thirty (30) days from July 1, 2002 to the present. Since April 26, 2006, Kennedy & Oliver has been successfully obtaining information from the Albuquerque police related to identities of individuals whose cash Albuquerque police seized.

The lawsuit was brought as a result of a change in New Mexico law on drug forfeitures. On July 1, 2002, New Mexico law changed the process for seizures and forfeitures of cash that law enforcement alleges is the proceeds of drug sales. The law requires that the police deposit the seized cash with the district court clerk and that police return the cash or file a forfeiture complaint against an individual within thirty (30) days of seizure.

Through its representation of indivdual clients, Kennedy & Oliver discovered that the City of Albuquerque police department was ignoring the law. Kennedy & Oliver filed a lawsuit to force the Albuquerque police to disgorge itself of thousands of dollars of seized cash. The Albuquerque police department has admitted its errors and agreed to the class action format as an appropriate method of returning the seized cash to individuals.

Kennedy & Oliver also has pending lawsuits against Bernalillo County, the New Mexico Department of Public Safety, Dona Ana County and Cahvez County for their handling of cash seizures.

If your cash was seized in the State of New Mexico by a state officer, please contact us to discuss possible representation.

Recently, race car legend, Al Unser, went to trial on charges of refusal to obey an officer and on charges of resisting arrest. I attended some of the trial in Metropolitan Court in Albuquerque. Al Unser's testimony was similar to stories we have heard many times before.

He testified that he was trying to drive onto his property near Central and Unser Boulevards, when Bernalillo County Sheriff's officers ordered him to stop and turn around. Mr. Unser testified he obeyed the command, but did not like the way the officers yelled at him. On his way out, he left his car and asked an officer for his card so that he could report the officer to his superior. If Mr. Unser's testimony is believed, the simple act of challenging the officer's behavior prompted the decision to arrest Al Unser - a seventy-some year old man with significant physical disabilities.

The arrest of a citizen for verbally protesting police action or for asking for the identity of officers violates your Fourth Amendment to be free of unreasonable seizures as well as your FIrst Amendment right to free speech.

ACLU attorney, Paul Kennedy (brother of this blogger), argued in state district court that the recently enacted City of Albuquerque car seizure statute violates due process principles. The City of Albuquerque has passed a forfeiture law allowing it to seize and forfeit cars driven by first-time DWI accused offenders. The Albuquerque Tribune reported that the parties agreed to place a "hold" on the enforcement of the ordinance pending further briefing on the legal issues. (story copied below). I have yet to view a copy of the complaint, however, it is likely that older brother Paul plead claims under the New Mexico Constitution only. I will try to give some insight into the litigation as it evolves.