Civil forfeiture: Oklahoma cops are now coming for your prepaid debit cards, too, not just cash

[DetlefK]

http://www.huffingtonpost.com/entry/oklahoma-police-erad_us_57584060e4b0e39a28ac2083

The Oklahoma Department of Public Safety has purchased Electronic Recovery and Access to Data machines for installation in Oklahoma Highway Patrol and Oklahoma City police cruisers, according to an Oklahoma Watch report published Tuesday. The device tells officers the balance of prepaid debit cards and gift cards, and allows them to seize the money if they determine it’s suspicious. ERAD readers also can provide limited information about pretty much any card with a magnetic strip, including bank debit cards and credit cards.

Oklahoma has become a battleground in the debate over civil asset forfeiture reform in recent years, prompted by high-profile cases of cops using the practice to take cash and property from innocent people — often without charging them with a crime. Thanks to the new ERAD readers, police can now access people’s electronic funds as well.

Each ERAD reader is costing the state about $5,000, plus about $1,500 for training. The state has agreed to pay the manufacturer, ERAD Group, 7.7 percent of all funds forfeited with the readers.

...

Oklahoma’s deal with ERAD Group adds a twist — giving a share of the seized assets to a private company.

...

He added, “If the police are willing to seize $1,000 worth of cash, I think they’re going to be just as likely to seize $1,000 that they find on a debit card.”

Vincent, of the Highway Patrol, was quick to downplay these concerns. He told Oklahoma’s News 9 that the ERAD devices so far were being used to focus on “identity theft,” not seizing funds from motorists’ prepaid cash cards.

State Senator Kyle Loveless said the state’s lack of reporting standards makes it impossible to know how the new technology will affect civil asset forfeiture.

“There’s not a record,” Loveless said. “There’s not a procedure in place. There’s not policy in place. They don’t have to report it to us if they had used it.”

Loveless said police didn’t discuss the ERAD machines with lawmakers before making the decision to buy them. He learned about the development after reading the report from Oklahoma Watch.





--------------

No procedures, no protocol, no safeguards, no reporting... And now not only the cops get a cut of your money, but a corporation, too. No way this will be abused...

[raging moderate]

1. This is a clear violation of the Constitution.

Property should not be seized without due process of law.

[surrealAmerican]

8. If we were to actually abide by the constitution ...

... law enforcement wouldn't even be able to check the balance on the card without a warrant.

[raging moderate]

9. You are correct.

What have we come to?

[madokie]

2. This pisses me off to no end

[gollygee]

3. This is ridiculously wrong

We need a dem. stacked SCOTUS and a case to go to it.

[Fumesucker]

4. You think Hillary Clinton is going to nominate justices opposed to asset forfeiture?

[DetlefK]

6. Justices??? How about lawmakers opposed to asset forfeiture?

The point of these forfeitures is exactly that the punishment comes before there even is a case who can go to trial.

[gollygee]

7. More likely than trump. N/t

[safeinOhio]

5. Always leave home without it

if you might travel in Oklahoma.