Civil Asset Forfeiture Moves to the Mainstream

Rights? Who needs rights???

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

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

Here's how it works. If a trooper suspects a person may have money tied to some type of crime, the highway patrol can scan and seize money from prepaid cards. OHP stresses troopers do not do this during all traffic stops, only situations where they believe there is probable cause.

"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."

Checkpoints come in various forms, some hard and some soft. Note the Lieutenant's take on this -

"We're gonna look for different factors in the way that you're acting,”

Now contrast this with the law of the land, the 4th amendment -

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Note how not only there needs to be probable cause, not belief of probable cause. But hey, who cares, it's an old law right?

Now, you're supposed to rest assured it's not about the money -

"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. The largest part that we have found ... the biggest benefit has been the identity theft," Vincent said.

"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.

At least they're reassuring you it's 'only a very small thing' -

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