OKLAHOMA

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OHP Uses New Device To Seize Money Used During The Commission Of A Crime
Aaron Brilbeck, News 9

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 someway that we can prove that you're falsifying information to us about your business."

Troopers insist this isn't just about seizing cash.

"I know that a lot of people are just going to focus on the seizing money. That's a very small thing that' s happening now. The largest part that we have found ... the biggest benefit has been the identity theft," Vincent said.

"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.

State Sen. Kyle Loveless, R-Oklahoma City, said that removes due process and the belief that a suspect is presumed innocent until proven guilty. He said we've already seen cases in Oklahoma where police are abusing the system.

"We've seen single mom's stuff be taken, a cancer survivor his drugs taken, we saw a Christian band being taken. We've seen innocent people's stuff being taken. We've seen where the money goes and how it's been misspent," Loveless said.

Loveless plans to introduce legislation next session that would require a conviction before any assets could be seized.

"If I had to err on the side of one side versus the other, I would err on the side of the Constitution,” Loveless said. “And I think that's what we need to do."

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.

http://m.news9.com/story.aspx?story=32168555&catId=112032/

. POLICE NOW CAN STEAL YOUR MONEY RIGHT FROM YOUR BANK ACCOUNT, PRE PAID CARD. BASED ON 'SUSPICION'
http://youtu.be/tDStvSIxFiI/
02:25
Oklahoma News- CBS-9

18 U.S. Code § 981 - Civil forfeiture
http://www.law.cornell.edu/uscode/text/18/981/

ACLU
Asset Forfeiture Abuse
http://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse/

How soon before hackers get ahold of this technology... Maybe credit cards will become obsolete.

Thieves,Thieves,Tramps and Thieves!

Cool another reason to avoid Oklahoma. Right up there with the militant policing action states. You get pulled over. The hic makes a mistake takes you in. Steals your money, the lawyer won't take your case cause you have no money. You are give a lawyer that don't know anything. You are imprisoned indefinetly. This is ileagle. Someone should take them to the Supreme court.

Highway Patrol has morphed into the Highway Men!

dont keep money in a federal bank system they
can freeze just because they think you did something

guess what frozen money cant buy a lawyer

or anything else

Farmers learned during the 80's to incorporate everything. live and learn.

How soon can they get their hands on it? Who do you think they got this idea from? Scammers, skimmers, scanners, and hackers. The 'elements' of this use have been in existence and use separately for ages and in combination recently by criminals. It should be no surprise that Leo's would do the same for the same reasons.

The motive is clear in the without warrant or proof that a crime has been committed or involved the use of the funds. If they seized El Chapo's assets and skimmed his bank data transferring his balance no one would take issue with that aside from El Chapo. I doubt that this will be used in that manner.

All they need now is an unconstitutional law so they can confiscate your smartphone or have false messages sent and recieved from it. Oh wait they already do that.