This news out of Oklahoma is crazy and terrifying to believe, but alas, it’s true. Apparently police have begun to use an electronic scanner that can drain currency from prepaid credit cards seized at the roadside using “civil asset forfeiture laws”. This in and of itself isn’t necessarily scary- it’s how this could be abused that’s so terrifying.
Lt John Vincent, of the Highway Patrol, insists that their main goal is catching identity thieves and money launderers. He claims that the police will look at your behavior when they pull you over, “We’re gonna look for if there’s a difference in your story; if there’s some way that we can prove that you’re falsifying information to us about your business. I know that a lot of people are just going to focus on the seizing money. That’s a very small thing that’s happening now, ” reports The Register.
All it will take is suspicion though. If the highway patrolman even SUSPECTS that something odd is going on- if you are the slightest bit off- they have the legal right to IMMEDIATELY seize any cash or goods that they think were used in a crime.
Just. Like. That.
Please understand I’m not suggesting we protect money launders or thieves. What I am suggesting is that the Highway Patrol in Oklahoma now has dangerous power.
From the Register article:
“The Electronic Recovery and Access to Data (ERAD) handheld scanner was developed at the request of the Department of Homeland Security for use by US border guards. But the gadget’s maker is now marketing it to local and state police, and Oklahoma has bought 16 of the scanners for its highway patrol.
The reader can record data from any magstripe card – even down to hotel keys – and works with Visa, MasterCard, and American Express, as well as Best Buy, Costco, Macy’s and Walmart gift cards. Any funds found can be frozen or transferred directly to a law enforcement bank account “to protect the integrity of the evidence and ensure the funds are available for trial or forfeiture,” ERAD’s advertising states.”
It’s as if the police have a license to steal.
More from the article:
“The Comprehensive Crime Control Act of 1984 gave police the right to seize goods assumed to be associated with crime without making an arrest or even charging the suspect involved. The value of the seizures is split between the state and federal governments.”
The reason they only need an officer’s suspicion is because it’s a civil and not criminal statute; therefore the burden to prove ones innocence is put on the plaintiff. And while it’s possible to appeal the decision in court, it’s often a long, expensive process.
Using these laws, the US government seized $29 BILLION dollars between 2001 and 2014. Interestingly, in 2014, the police took (made) $4.5 BILLION using the statutes, which actually surpassed the cost of burglaries ( $3.9B) for the year.
Not surprisingly, Oklahoma police have rather enjoyed using the law AND the new device. This April, officers from Muskogee county seized $53,249 in cash from a Christian rock band after stopping their tour bus for having a broken tail light; they only gave the money back after the media reported the case.
Politicians are now involved (again, how did NO ONE see this coming?). The Republican Senator from OK, Kyle Loveless, has promised new legislation which would require the police have a conviction BEFORE they can take funds. He cited multiple reports of police abusing their powers for profit. No kidding. It’s always best to err on the side of the Constitution and people’s rights.
Thankfully, other state governments are also dealing with this issue. In April, Maryland became the ninth state to enact laws ending the police’s ability to seize without a conviction, and 11 more states have bills in progress as well.
*Article originally published at The Register.
