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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 some way that we can prove that you're falsifying information to us about your business."
...
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.
(Score: 5, Informative) by Sir Finkus on Thursday June 09 2016, @05:06AM
"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.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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(Score: 2, Insightful) by Anonymous Coward on Thursday June 09 2016, @05:19AM
They have a process:
highway patrol can scan any cards you have and seize the money.
That's the process you're due, so there's your due process.
(Score: 1, Insightful) by Anonymous Coward on Thursday June 09 2016, @02:47PM
"If you can prove can prove that you have a legitimate reason to have that money it will be given back to you."
IOW you are guilty until proven innocent.