Oklahoma Cops Find A New Way To Take People's Money, Even If They Don't Have Cash
CARD READERS ALLOW OKLAHOMA HIGHWAY PATROL TO SEIZE SUSPECTS’ MONEY
Oklahoma police agencies are being equipped with devices that allow officers to scan prepaid debit cards and target funds linked to them for civil asset forfeiture, which allows law enforcers to permanently seize property they suspect is connected to criminal activity.
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.
Law enforcement officials
in Oklahoma and elsewhere describe civil asset forfeiture as an important weapon against the drug trade, allowing them to target illicit proceeds that may not be in proximity to contraband. They say ERAD technology is a necessary tool to keep up with criminals who have begun putting money on prepaid cards in order to avoid having cash seized by police.
“If someone has 300 cards taped up and hidden inside the dash of a vehicle, we’re going to check that,” Lt. John Vincent, public information officer for the Oklahoma Highway Patrol, told Oklahoma Watch.
In this scenario, the presence of the cards alone may give an officer probable cause to run each card through the ERAD reader and seize the associated funds.
To avoid losing the money permanently, the owner would have to fight an expensive and time-consuming legal battle to prove the property wasn’t connected to criminal activity. In civil forfeiture proceedings, the legal principle of “innocent until proven guilty” is effectively inverted.
A hidden stack of hundreds of cash cards may seem inherently suspicious, but critics of civil asset forfeiture say hypotheticals like this obscure concerns that the practice is overused, often in ways that violate people’s due process and property rights.
“Whether someone has 100 debit cards or one, that in and of itself is not illegal,” state Sen. Kyle Loveless (R), who has spearheaded an unsuccessful push to overhaul Oklahoma’s civil forfeiture laws, told The Huffington Post.