Holder limits seized-asset sharing process that split billions w/ local, state police

[dennishoddy]

Just found a link:
http://www.reddirtreport.com/prairi...drain-funds-your-prepaid-bank-cards-handy-new

What a croc of BS!
The insane part is that the company that provides the tech gets a percentage of the rape.
I'll be contacting my bank and my representatives to see what can be done to stop this.
Another grey law left to the discretion of the officer at the scene, and later the courts and attorney's.
Justice is nothing but another tax on the public.

 

[_CY_]

what a way to make national news!

==============
Oklahoma Police Can Seize Your Entire Bank Account on a Traffic Stop Without Any Charges

Jun 9, 2016


The one state that has gone complete anti-democratic is Oklahoma. It is wise not to travel in that state at all. Oklahoma should be on a no-fly zone. Now, Oklahoma police can outright seize everything you have from debit cards to bank accounts on a traffic stop without any criminal charges being filed. If some policeman thinks you’re doing something illegal, your life is over. Without money, you cannot hire a lawyer and they can just rob everything you have on a whim.

The Oklahoma Highway Patrol has introduced a device called Electronic Recovery and Access to Data (ERAM) that allows police officers to seize money in your bank account or on prepaid cards. State police began using 16 of these machines last month, and now the police have become literal highway robbers. This makes the traffic cops in Russia, who you can bribe to go away if they pull you over for a speeding ticket, as a far more civilized arrangement. Here, they can rob you of everything.

Let’s say a state trooper suspects or just thinks you may have money tied to any sort of crime. He can now scan any cards you have and seize the money in your wallet. He does not have to charge you with a crime. There is no right to remain silent, for he is not charging you. He is after all your money because the governments is broke.

Oklahoma Highway Patrol Lt. John Vincent said, “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.” So all he has to do is “believe” you lied about anything and he has the right to take everything you have. They justify this by claiming it is not about seizing money. Of course not. It is criminal prosecution but there is no crime. Forget innocent until proven guilty. That will not apply. They pretend the money committed the crime – not you.

This is simply nullifying the Constitution. You have absolutely ZERO rights. He can rob you of everything and leave you with not even enough money for gas. The police have become the criminals. This is precisely how Rome fell. When they could not pay the army, they began sacking their own cities. This is exactly what the police are doing now and there is nobody to defend us against this new criminal organization.

Just stay out of Oklahoma at all costs. If other states follow, you better migrate to another country and fast. Look for a country not based on common law (English countries). This will destroy the freedom to travel for broke police have become highway criminals with guns.

https://www.armstrongeconomics.com/...on-a-traffic-stop-without-any-charges-at-all/

 

[BikerHT]

Civil Asset Forfeiture = Nazi Bastards! :finger:

 

[_CY_]

sure wonder how above electronic asset seizure can be controlled? who gave OHP blessing to be able to do above?
who needs to be contacted to voice our displeasure?

surely OHP didn't decide electronic cash seizure policy by itself???
with no oversight except consulting with their attorneys ...

electronic cash seizure means if they find a check with your account info, that would be enough to wipe out your bank account with little more than the uber low bar of suspicion of wrong doing. someone could easily not remember their exact checking account balance and/or other details when questioned under duress. answering wrong could be the basis for seizure of your entire cash balance.

once all your cash are seized, you've got no funds to hire an attorney, which then could costs as much as the funds being recovered, on top of a legal fight that could take years. even if you do eventually get your funds back.

there is NO way this should be allowed to stand!!! funds should NOT be allowed to be seized unless someone is convicted of a crime.

what I don't understand is how cash seizure with NO charges/crime committed could possibly be allowed under our constitution???

this 100% goes against our constitutional right of being innocent until proven guilty!!!!

 

[Glocktogo]

Just reinforcement that you should never consent to any search and don't respond to questioning. Be polite, respectfully refuse to answer questions and search requests and get on your way as soon as they allow it.

 

[dennishoddy]

Just reinforcement that you should never consent to any search and don't respond to questioning. Be polite, respectfully refuse to answer questions and search requests and get on your way as soon as they allow it.

Keep your mouth shut will help, but if they find or plant some "evidence" like " I smell alcohol" true or not, your screwed.

 

[_CY_]

It’s not a Fourth Amendment search if a cop swipes your credit card, court finds
Mag stripe simply contains same info that's clearly visible, so no warrant needed.

Jun 10, 2016

A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t require a warrant.

In the 8th Circuit Court of Appeals’ 15-page opinion, swiping a card does not constitute a physical search, as the magnetic stripe simply contains the same information obviously visible on the front of the card. Plus, the defendant, Eric-Arnaud Benjamin Briere De L'Isle, couldn’t have had a reasonable privacy interest in the card, the court concluded, because he would have tried to use it when he tried to buy something, thereby giving up privacy interests to a third party (the issuing bank).

According to court records in United States v. De L’Isle, the case began in June 2014 when Eric-Arnaud Benjamin Briere De L'Isle was driving westbound on I-80 and was pulled over by a Seward County, Nebraska, sheriff’s deputy.

http://arstechnica.com/tech-policy/...-search-a-seized-credit-card-with-no-warrant/

 

[Glocktogo]

"51 credit, gift, and debit cards in a duffel bag located in the vehicle’s trunk."

Sounds like the officer's instincts were working ok...

Case law says "officer intuition" isn't a viable legal standard. Only reasonable articulable suspicion and probable cause are. An officer can't go into a bank or a merchant and demand the information on a debit card without a warrant, but this court ruling says they can. A debit card transaction with a merchant or a bank is a consensual transaction between the card issuer, the card holder and the merchant or bank. Notice who's omitted from that consensual transaction? Law enforcement. So if the issuer, merchant or bank can require a warrant before providing account information, why is the holder not allowed to require one?

BTW, no debit card in the world has the account balance or transaction history on the face of the card. The court's lie that the magstripe simply contains the same info that's on the face of the card, is such a preposterously insane lie that its insulting they'd even utter it

 

[Foghorn]

"51 credit, gift, and debit cards in a duffel bag located in the vehicle’s trunk."

Sounds like the officer's instincts were working ok...

That case is not about asset forfiture, it was a counterfeit credit card case. The standard set by it would not apply to asset forfiture since Leo's would be looking at the card balance.

Also there's a ton of hype out in the media right now, most of the info in the media is false. The erad's only work on stored value cards, like the visa gift cards you see at walmart or get when you return merchandise without a reciept. It does not access your checking/savings or ira accounts.

I've personally seen this system in testing and know what it can/can't do. Used "properly" It's a valid tool, although it does have the potential for abuse.

Sent from my SAMSUNG-SM-G890A using Tapatalk

 

[doctorjj]

That case is not about asset forfiture, it was a counterfeit credit card case. The standard set by it would not apply to asset forfiture since Leo's would be looking at the card balance.

Also there's a ton of hype out in the media right now, most of the info in the media is false. The erad's only work on stored value cards, like the visa gift cards you see at walmart or get when you return merchandise without a reciept. It does not access your checking/savings or ira accounts.

I've personally seen this system in testing and know what it can/can't do. Used "properly" It's a valid tool, although it does have the potential for abuse.

Sent from my SAMSUNG-SM-G890A using Tapatalk

Yeah, because anything to do with authority+money hardly ever gets abused.