Posted on 06/08/2016 12:14:51 PM PDT by MarchonDC09122009
Oklahoma Highway Patrol Uses New Device To Seize Money Used During The Commission Of - News9.com
http://m.news9.com/story.aspx?story=32168555&catId=112032
Posted: Jun 07, 2016 5:57PM CDT Aaron Brilbeck, News 9
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.
Here's how it works. If a trooper suspects you may have money tied to some type of crime, the highway patrol can scan any cards you have and seize the money.
"We're gonna look for different factors in the way that you're acting,” Oklahoma Highway Patrol Lt. John Vincent said. “We're gonna look for if there's a difference in your story. If there's someway that we can prove that you're falsifying information to us about your business."
I’m done.
As far as I’m concerned these folks have painted big targets right on their backs, and I’m not going to shed a tear when they get what they have coming to them.
Something tell me that NOBODY in Oklahoma has any idea of what the Fourth Amendment to the US Constitution says.
Absolutely criminal behavior by the state and the cops!
I just knew there’d be at least one apologist for the police state to chime in.
Wait a minute.
Your pot shot is way out of line.
I raised this issue for the benefit of our FR community’s awareness.
A rational person would want to know Why this police electronic forensic device has been created and is in use.
Credit card skimming and ID fraud is a crime that costs Billions of dollars per year and harms millions of it’s victims.
Police and detectives have had a very difficult time catching criminal card skimmers who prey on the public via Gas station and ATM machines.
They exfiltrate consumers credit and debit card information from those terminals and hide the stolen $$$ financial information on credit / debit / gift cards as an easy way to launder electronic dollars.
This ERAD system is a tool that allows a detective to read cards by physically swiping them thru the ERAD reader.
The HUGE 4th and 5th Ammendment issue is a matter of whether this forensic device will be misused by law enforcement.
What is the probable cause that allows a LEO to stop an individual and try to access their cards?
Will there be a warrant that permits them to access and scan your cards?
Who / what specifically allows a police officer to “freeze” a bank account, essentially seizing it?
Where is the due process?
Read the article and carefully consider appropriate and inappropriate use of this new forensic LEO tool.
Don’t take a cheap shot at the messenger who has brought up this civil liberties issue.
RE: “I just knew there’d be at least one apologist for the police state to chime in.”
This is insane.
Are you saying that those arrested for drugs are innocent? Does your heart bleed liberal red for the pushers of drug and destruction? Democratic Underground is that way.
Note to self... only carry credit cards in OK
You're kind of stupid, aren't you? Have you not read the many stories of innocents caught up in this crap.
You sound a lot more "progressive" than you accuse me of being.
Look. Stopping people is time consuming and risky.
They really need a reader that is positioned over a highway that scans everyone’s cards and seizes the money in the accounts.
Every single person.
After all, they’re guilty of SOME crime or another, right?
I have a better idea: A faraday-cage holder for all your cards.
That wasn’t the way he presented it to me. It was presented as a yearly pension, not a deferred lump sum payout. I see him and the firefighter occasionally. I will verify. He said he could retire at 53 years old, not that he was retiring. What you describe is double-dipping. The practice should be outlawed IMO.
LOL
It's *all* 'drug money'.
Yes, I am.
Some of them are.
You remember the quaint little concept of 'innocent until proven guilty', right?
Laz this is a “no-$hiccup” story ...
Criminal Justice 102 around 1978, My Prof was so proud of telling the story that as a DA he had successfully prosecuted and had a man sentenced to Prison for something that he did not do, because “HE KNEW” (the Prof/former DA) that this man was guilty of another Crime, he repeated the story enough that you knew it was part of the Curricula and would be testable in some form to pass his class.
(still remember that smarmy sweater wearing MG driving POS)
“You remember the quaint little concept of ‘innocent until proven guilty’, right?”
Uh, arresting them is the FIRST step. They are innocent until the jury of the peers find them guilty. If, however, they are found not-guilty, they are let go and also their money is let go. Simple. Follow the law. Keep your cash. If you don’t commit the crime, you do not have to worry about it. Unless you think the American justice is bad. If you, you are a lib.
“Me? I think ALL police departments should be shut down and rely on just the county sheriff and 2nd Amendment.”
Cops are the good guys. Criminals are the bad guys. End of the story.
“Have you not read the many stories of innocents caught up in this crap. “
Cherry picked “stories”. Like gorebull whorming “studies”... the ocean is warming, sea scum are dying, and there are victums of the justice systum.
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