View Full Version : Civil Asset Forfeiture... Taken beyond reasonable...
Grant H.
06-08-2016, 18:11
Holy bad idea...
http://www.news9.com/story/32168555/ohp-uses-new-device-to-seize-money-used-during-the-commission-of-a-crime
From skimming the article they scan your account records and if they think you have too much money they seize it until you prove you didn't get it thru identity theft or drugs.
Grant H.
06-08-2016, 18:26
If OHP believes that something is wrong, they can scan all your debit, credit, and gift cards during the stop, which will freeze all those assets.
No warrant, no proof, nothing, and there goes all your assets.
Then you have to prove you DIDN't do anything to get them back.
BushMasterBoy
06-08-2016, 18:27
They should give Oklahoma back to the Indians.
Lead CC holders?
I don't see why LE needs this kind of intrusive power. Not a fan of asset forfeitures, even if it is supposed to stop bad guys. Due process out the window.
Civil Forfeiture is already total bullshit to begin with. I can't understand what "story" you'd have to get correct during a traffic stop. Can't wait to have to go to work in Oklahoma with my Colorado plates. It'd be so awesome to have my personal accounts seized, as well as my business accounts seized, because the name of my business/es sound like the name of someone else's business/es.
trlcavscout
06-08-2016, 18:52
"If you can prove that you have a legitimate reason to have that money", that says it all right there. Hopefully this is not "coming to a city near you".
GunsRBadMMMMKay
06-08-2016, 18:55
"If you can prove that you have a legitimate reason to have that money", that says it all right there. Hopefully this is not "coming to a city near you".
That's what I was thinking....."you don't look like you should have this much money, we'll just hold on to it until you prove it's yours".....ummm....it's in MY bank account, isn't it already proven to be mine? And what constitutes a good reason to have it? A job? Welfare check? Inheritance? Maybe your just good with money....(I'm obviously not talking about my personal bank account, with all of ten dollars in it - but it could happen lol)
Wow! And these state-level folks understand accounting well enough to know what I'm entitled to? Or are the just hoping most folks let it go so they can keep the cash?
If I were in LE I'd have a huge problem with this. We live in a world where people are killed over the $20 in their wallet. Now you want me to take someone's bank account without a trial on the basis of suspicion alone? Nope. Doesn't matter how perfect I think I am, I'm going to get that wrong with my name on the records.
buffalobo
06-08-2016, 20:52
Another step on the path...
Sent from my SCH-I545 using Tapatalk
The more I think about this, the more I wonder of it is click bait of some sort. I don't run in criminal circles so maybe I don't know, but I just can't imagine how a traffic stop leads to checking your bank accounts. They're must be a lot leading up to that point. I imagine the person would be going down the path of normal civil forfeiture in order to arrive at having your accounts checked.
The more I think about this, the more I wonder of it is click bait of some sort. I don't run in criminal circles so maybe I don't know, but I just can't imagine how a traffic stop leads to checking your bank accounts. They're must be a lot leading up to that point. I imagine the person would be going down the path of normal civil forfeiture in order to arrive at having your accounts checked.
There are people giving seminars to law enforcement groups on how to decide what the force needs, how to find who has what they need, and how to target those people for forfeiture. This is all about taking (stealing) what you have simply because they want it not because you have done anything wrong. It is also about cutting around the court system to get at your accounts.
Grant H.
06-08-2016, 21:11
The more I think about this, the more I wonder of it is click bait of some sort. I don't run in criminal circles so maybe I don't know, but I just can't imagine how a traffic stop leads to checking your bank accounts. They're must be a lot leading up to that point. I imagine the person would be going down the path of normal civil forfeiture in order to arrive at having your accounts checked.
I would gently suggest that you are missing the point.
The simple fact that they can seize your assets during a normal stop, if they BELIEVE that you MIGHT have money that was involved in a crime. You then have to prove that it's not crime money to get it back.
This is the exact reversal of "innocent till proven guilty". They can take it, and then you have to prove it shouldn't have been taken.
DavieD55
06-08-2016, 21:14
The state of Ok is paying the maker of the software scanners ERAD $5,000 plus another 7.7% of the money they seize from people. There is no cronyism going on there or anything. The senators bill should be to scrap the whole program. Now, they'll just criminalize the person then take their property to boot.
Great-Kazoo
06-08-2016, 21:15
There are people giving seminars to law enforcement groups on how to decide what the force needs, how to find who has what they need, and how to target those people for forfeiture. This is all about taking (stealing) what you have simply because they want it not because you have done anything wrong. It is also about cutting around the court system to get at your accounts.
Under the Guise of, Fighting Terrorism
DavieD55
06-08-2016, 21:16
Under the Guise of, Fighting Terrorism
And the war on drugs while there is wide open borders.
jhood001
06-08-2016, 21:26
I'm pretty sure that this kind of wrongful asset seizure happening to me would send me down a 'Man On Fire' road.
I would gently suggest that you are missing the point.
The simple fact that they can seize your assets during a normal stop, if they BELIEVE that you MIGHT have money that was involved in a crime. You then have to prove that it's not crime money to get it back.
This is the exact reversal of "innocent till proven guilty". They can take it, and then you have to prove it shouldn't have been taken.
Oh I fully understand. I suppose it's just like any other civil forfeiture where the entire stop is bullshit and every reason to search your vehicle, and subsequently your accounts, is fabricated.
That's fucked up. Now I'm ashamed to say I'm an Oklahoma native. And I'm also scared to go back for a visit driving a vehicle with CO plates.
I'm pretty sure that this kind of wrongful asset seizure happening to me would send me down a 'Man On Fire' road.
Without even knowing the reference, I agree.
You've never seen the movie Man on Fire? It's a remake, and one of Denzel Washington's best movies of all time.
Oh I looked it up after my post. It's on the list.
Let's FIRST go to:
OKDOJ AG's wife's business, Governor's family business, All districts' attorney's family business, idiot state senate/congress' family business first to see what they are hiding....
Great-Kazoo
06-09-2016, 00:56
Oh I fully understand. I suppose it's just like any other civil forfeiture where the entire stop is bullshit and every reason to search your vehicle, and subsequently your accounts, is fabricated.
I'M SORRY OFFICER I DO NOT CONSENT TO A SEARCH.
Have you forgotten those words?
Unfortunately another down side to CO decriminalizing pot rears it's head. Greenie plates,, Must mean they're transporting that illegal weed through our jurisdiction. Let's stop them and see what happens.
Shades of Easy Rider. Long hair, harley riding trash, MUST be doing something illegal.
Another step on the path...
Yes, this will make our corrupt government even more corrupt.
I'm pretty sure that this kind of wrongful asset seizure happening to me would send me down a 'Man On Fire' road.
Right with you.
We withhold the death penalty because an innocent might get killed.
Yet when it comes to money the government says, we don't care if an innocent gets caught up.
Even if the person isn't innocent, the police department sure isn't entitled to that money. Guy steals credit card info in California, gets pulled over in OK and they suspect him of scamming someone, so rather than help the situation, they ALSO steal those people's money?
Even if the person isn't innocent, the police department sure isn't entitled to that money. Guy steals credit card info in California, gets pulled over in OK and they suspect him of scamming someone, so rather than help the situation, they ALSO steal those people's money?
In this new world the PD is entitled, probably not the PD but the bureaucracy that runs the PD. I'm not concerned about LEO, I'm concerned with the 'crats who run the show behind the scenes.
Yes, they get it all and the poor victim has to prove that the money was his in the first place.
Great-Kazoo
06-09-2016, 08:40
Even if the person isn't innocent, the police department sure isn't entitled to that money. Guy steals credit card info in California, gets pulled over in OK and they suspect him of scamming someone, so rather than help the situation, they ALSO steal those people's money?
YET. try getting an OOS LE dept investigation going when you have solid proof of CC or Check fraud.
Jammers for scanner like foil.
If they would put those same officers at the polling locations during a election to prove everybody there acquired there voting rights legally, I might support it. But just because they don't like the way you look at a traffic stop they're taking all your money, not so much. Doesn't it kinda looks like the officer in the photo with the story has a Brown Shirt, just sayin!
I'd like to take a bunch of my guns and ammo back to OK to show 'em off to my brothers and friends, and do some shooting. Not now though, HELL no! I'd be damned nervous just CCW'ing back there, reciprocity agreements or not.
And I believe OHP occifers DO wear brown shirts.....
The more I think about this, the more I wonder of it is click bait of some sort. I don't run in criminal circles so maybe I don't know, but I just can't imagine how a traffic stop leads to checking your bank accounts. They're must be a lot leading up to that point. I imagine the person would be going down the path of normal civil forfeiture in order to arrive at having your accounts checked.
You aren't reading the news enough. There has been a TON of asset forfeiture craziness going around for the last few years. Got more than 1K on you and get pulled over for something - you must be dealing drugs. Got 10K cash on you (like you know, going to the bank with deposits, - or heading to vegas) then you must be a high level gangster/gun-runner/identity thief so they best arrest you until they can 'sort it all out'
There have been numerous cases of people moving cross country having all their shit taken from them by the police until the owners can legally prove it is theirs. The problem is that costs thousands of dollars in attorneys/court fees and MONTHS of time. Which by then most of these people are desperate to get their lives back so they actually fucking SETTLE for less than the 'seized' amount - and the Company/PD get to split the left-overs.
This is *big* money for the various agencies; and its totally corrupt.
http://endforfeiture.com/
http://www.newyorker.com/magazine/2013/08/12/taken
http://www.freep.com/story/news/local/michigan/2015/02/22/civil-asset-forfeiture-michigan-seizures-aclu-heritage-foundation-institute-justice/23737663/
http://www.huffingtonpost.com/entry/policing-for-profit-civil-forfeiture_us_56421fc0e4b0307f2caf0d90
speedysst
06-09-2016, 18:25
In most places in the United States, this would be called "robbery" or "armed robbery." I really try to defend LE but I simply cannot defend the outright thievery of this type of activity.
GilpinGuy
06-09-2016, 22:55
The state of Ok is paying the maker of the software scanners ERAD $5,000 plus another 7.7% of the money they seize from people. There is no cronyism going on there or anything. The senators bill should be to scrap the whole program. Now, they'll just criminalize the person then take their property to boot.
I'm surprised nobody else commented about this obvious corruption "opportunity".
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