The Replica Prop Forum

The Replica Prop Forum
Very cool site I am also a member of

Thursday, June 9, 2016

What about Due Process - Civil Asset Forfeiture

"You may have heard of civil asset forfeiture.

That's where police can seize your property and cash without first proving you committed a crime; without a warrant and without arresting you, as long as they suspect that your property is somehow tied to a crime.

Now, the Oklahoma Highway Patrol has a device that also allows them to seize money in your bank account or on prepaid cards.

It's called an ERAD, or Electronic Recovery and Access to Data machine, and state police began using 16 of them last month. "


In other words, the cops can drain your bank account on the side of the road while they pull you over for a tail light ticket, which may not even be out. Just that they "Thought" it was out when they looked.

Further in story we find this little gem.

""If you can prove can prove that you have a legitimate reason to have that money it will be given back to you. And we've done that in the past," Vincent said about any money seized. "


Excuse me?  I have to "PROVE" that I'm not doing anything illegal?  Is that like trying to prove a negative?  How would you do that?  And why is the burden of such proof on the Citizen instead of on the Officer to PROVE that the funds are illegal?  Innocent until proven guilty by a court of law.  Isn't that how it's SUPPOSED to go?

And here is the kicker of the whole deal for me.

"News 9 obtained a copy of the contract with the state.

It shows the state is paying ERAD Group Inc., $5,000 for the software and scanners, then 7.7 percent of all the cash the highway patrol seizes."


ERAD Group Inc. get a cut of the money in addition to being paid for the machines and the software.  Is this like the Red Light Cameras then?

H/t Kenny aka Wirecutter and Jeffrey

No comments: