American shakedown: Police won't charge you, but they'll grab your money
cbc.ca
cbc.ca
SULPHUR [Louisiana], POPULATION 20,552, ILLUSTRATES THE transforming power of civil
forfeiture. It is a modest Southern town with one main drag, but at its north
end stands a modernistic new office building. Outside its tinted windows and
trim lawn, the well-swept Tarmac is crowded with rows of gleaming
blue-and-white cruisers and sporty unmarked coupes, many of them equipped
with video cameras and computers. The building, cars and gear all belong to
the Sulphur Police Department.
The day after my run-in with the drug-interdiction cops, I talk with Keith
Andrus, supervisor of investigations for Sulphur's narcotics division. How
does Sulphur manage to pay for the Police Department's new building, the cars
and computers?
Andrus smiles and points to a framed news item on the wall: "Traffic
Violation Yields Police $532,100." An inset photo shows Andrus with a fellow
officer beaming from behind a table heaped with stacks of cash. Typically, a
speeder is pulled aside. When a lot of cash is found on him and his
explanation is suspect, a drug dog is summoned. If the dog smells narcotics,
the police seize the money. Because dollar bills are routinely used for
packaging and sniffing cocaine, and the minutest trace of the drug will
"infect" other bills, much of the currency in the country now tests positive
for narcotics.
https://www.nytimes.com/1994/12/11/magazine/the-law-goes-on-...Is it typical in the US to carry cash in the tens of thousands of dollars? While I understand some people are unbanked, surely it is possible to open a bank account if you have tens of thousands to deposit. Leaving aside whether it is legal to seize the money or whether it is ethical to do so, is there a good reason why you would choose to walk around with, say, $100,000 in cash instead of a bank cheque or a a plastic card?
There generally isn't a good reason and that's most of the logic to the forfeiture. Its not in the bank because someone didn't want to disclose were it came from (required in deposits in more than 10k USD).
(Not my world, so I welcome being corrected here)
But - as I like to point out - what is a suspicious amount of money depends on who you are. A huge number of cash seizures are on the order of hundreds of dollars or less than 100 in poor neighborhoods.
They're fishing for literally anything. They don't care whether it's cash, drugs, paperwork violations. It's all money in state coffers at the end of the day. It just makes the news when they seize some sympathetic person's cash. You don't hear about all the innocent people who get railroaded on DUI charges and come out $10k poorer because of it (I specifically use this example because many states and municipalities have had scandals to this tune). The fact that the cash seizures are blatantly unconstitutional just makes them marketable to the public but the root problem is that the police (as organizations more than individuals) see the public as people who's pockets ought to be lightened and they have no moral qualms about engaging in "scummy but legal" means to do so.
https://www.npr.org/2017/07/19/538148867/justice-department-...
It had been briefly paused by Barack Obama’s DOJ. But that’s a mixed situation because there was an astonishing amount of these seizures under Obama, and it was only in his last year in office - and after extensive coverage and reporting on this by Wapo and others in 2014 - that the DOJ paused it.
Sessions and Trump brought it right back.
While it was (at the end of the day) Obama’s DOJ, the decision to withdraw the practice was probably done independently by his DOJ, so I’m not going as far as crediting or blaming him personally.
Trump , on the other hand, went as far as appearing on TV with a bunch of deputies to talk about how wonderful asset forfeiture was and how good it was to have it back. Then took it one further and openly threatened a lawmaker who was opposed to it on CSPAN on the same visit.
I don’t have the first clip im referring to, it’s insanely bad optics but, the second one is on CSPAN and wapo covered it. (Paywalled):
https://www.washingtonpost.com/news/wonk/wp/2017/02/07/trump...