People aren't always bright about it. I was on vacation in Austria in 1972 and we were up in the Ötz valley and decided to cross over for the day into Italy, over the same pass where Ötzi was discovered. Italy was having a currency crisis and, unless you declared it at the border on the way in, you could only take out $50. My MIL was a survivor of the Great Depression and was strictly a cash person. I suspected she had secreted some cash despite my advice to convert everything to traveler's checks. When we got to the checkpoint, I turned and asked her directly if she were carrying cash. She had $5K in a money belt. After some unpleasantness, we managed to get inside to declare it. Interestingly enough, they were rude because they thought we were Germans, since 99% of the tourists crossing there were. The guards were southern Italians. They treated us like royalty after learning we were Americans. That was 1972. That $5K would amount to about $28.5K today. Of course, the fixed currency standard (and the dollar) crashed while we were on that trip, so the value of that currency shrank markedly before we got back home...On first glance, I would imagine most people who travel with that much cash, likely are carrying all their available savings in such a manner. It doesn't leave much available for lawyer fees to try and get it back. That coupled with the fact that spending 10K in lawyer fees to get 16K back (made up number) probably also makes it difficult to want to even try.
Thanks for the perspective. I assumed that most of these forfeitures likely target poorer appearing minorities, as anyone with money would likely be so outraged and willing to go toe to toe that they are probably avoided. Just a guess though based off the stories regarding seizures I have read.People aren't always bright about it. I was on vacation in Austria in 1972 and we were up in the Ötz valley and decided to cross over for the day into Italy, over the same pass where Ötzi was discovered. Italy was having a currency crisis and, unless you declared it at the border on the way in, you could only take out $50. My MIL was a survivor of the Great Depression and was strictly a cash person. I suspected she had secreted some cash despite my advice to convert everything to traveler's checks. When we got to the checkpoint, I turned and asked her directly if she were carrying cash. She had $5K in a money belt. After some unpleasantness, we managed to get inside to declare it. Interestingly enough, they were rude because they thought we were Germans, since 99% of the tourists crossing there were. The guards were southern Italians. They treated us like royalty after learning we were Americans. That was 1972. That $5K would amount to about $28.5K today. Of course, the fixed currency standard (and the dollar) crashed while we were on that trip, so the value of that currency shrank markedly before we got back home...
Well, as I said, she was a victim of the Depression and a lot of those people didn't trust banks at all, much less traveler's checks. (BTW, our US denomination traveler's checks - and currency - became worthless in Europe on that trip.) In fact, they didn't trust brokers either, since anyone who had had securities in street name during the Depression lost them when the brokers went bust. In my early days of practice (I've always handled a lot of estates), when we handled the estate of an elderly client, my secretary's desk would be piled up with stacks of paper stock certificates. Now, I hardly ever see one...Thanks for the perspective. I assumed that most of these forfeitures likely target poorer appearing minorities, as anyone with money would likely be so outraged and willing to go toe to toe that they are probably avoided. Just a guess though based off the stories regarding seizures I have read.
But from a context standpoint do you think that the cops are targeting old people for these types of seizures? I figure it would be a PR nightmare. The fastest way to get a law changed in the US is to get a whole bunch of AARP members angry about it.Well, as I said, she was a victim of the Depression and a lot of those people didn't trust banks at all, much less traveler's checks. (BTW, our US denomination traveler's checks - and currency - became worthless in Europe on that trip.) In fact, they didn't trust brokers either, since anyone who had had securities in street name during the Depression lost them when the brokers went bust. In my early days of practice (I've always handled a lot of estates), when we handled the estate of an elderly client, my secretary's desk would be piled up with stacks of paper stock certificates. Now, I hardly ever see one...
No, I really don't. I really meant it only as an example of how unconscious people can be about cash, even older individuals who are at the most risk for aggression. Profiling has been going on for a long time. I had a little difficulty getting back into the US once from Mexico, back when a driver's license was enough. We were in a little family single file line crossing back into the country from Juarez. They stopped and questioned me about birthplace, county seat, all the questions one would be unlikely to know if not a native. My BIL and SIL crossed there regularly. I asked her what that was all about and commented that I didn't really look like a Mexican. (My hair was blond at the time.) She replied that I didn't, but I that I didn't look like an American, either, that I looked like a European. She went on to explain that many Europeans who could not get in legally tried Mexico and Canada at the most laxly (at that time) guarded crossing points. This was coming from my SIL who was about 5'11", blond, mother born in Germany and dad of Dutch descent. However, over the years, as I traveled extensively for many years, I found she was really right. I do look like a European...But from a context standpoint do you think that the cops are targeting old people for these types of seizures? I figure it would be a PR nightmare. The fastest way to get a law changed in the US is to get a whole bunch of AARP members angry about it.
I wonder how much of that money was "drug runners" and how much was people the police chose to call drug runners just so they could confiscate their money?
All it takes is one angry dude with nothing left to lose for this issue to get a lot more attention.But from a context standpoint do you think that the cops are targeting old people for these types of seizures? I figure it would be a PR nightmare. The fastest way to get a law changed in the US is to get a whole bunch of AARP members angry about it.
Yep. Then there will be Claude Rains-type characters wringing their hands and saying, "I'm shocked, shocked! I say, to learn that innocent people have had their life savings confiscated without trial and conviction or even probable cause."All it takes is one angry dude with nothing left to lose for this issue to get a lot more attention.
Love that movie.Yep. Then there will be Claude Rains-type characters wringing their hands and saying, "I'm shocked, shocked! I say, to learn that innocent people have had their life savings confiscated without trial and conviction or even probable cause."
What happened to innocent until proven guilty? I should be able to walk down the street with however much cash I want to and unless I break a law, I shouldn't have to worry about the government stealing whatever I am carrying/driving/riding whatever. And even if I have broken a law, jaywalking, littering, whatever, unless they can prove that the stuff was used in the committal of a crime, they should keep their dirty hands off my stuff.There should be a way for most people to show a bag full of money came from somewhere.
LikeWhat happened to innocent until proven guilty? I should be able to walk down the street with however much cash I want to and unless I break a law, I shouldn't have to worry about the government stealing whatever I am carrying/driving/riding whatever. And even if I have broken a law, jaywalking, littering, whatever, unless they can prove that the stuff was used in the committal of a crime, they should keep their dirty hands off my stuff.
It's kind of like the legal theory of disparate impact. If you employ more males/whites than females/blacks, then you must be discriminating. If you have a large bag of cash or have been making a series of deposits less than some threshold amount, then you must be a criminal.What happened to innocent until proven guilty? I should be able to walk down the street with however much cash I want to and unless I break a law, I shouldn't have to worry about the government stealing whatever I am carrying/driving/riding whatever. And even if I have broken a law, jaywalking, littering, whatever, unless they can prove that the stuff was used in the committal of a crime, they should keep their dirty hands off my stuff.
agreedHere we go again.
Nevada Hispanic guy in Kansas rest stop. No front tag. Cop questions him about that. Dog alerts on the car. Cop finds $32k in cash. Hispanic guy/victim says he was going to buy a truck in St. Louis, but the sale did not go through, so he was on his way back to Nevada.
Cops seizes the money. Legally.
This amounts to legal highway robbery by the state. This really has got to stop.
Cash is king...if you're a law enforcement agency.When I bought a vehicle for one of my chirruns recently, I literally hid the cash in my truck in case I was pulled over. How ridiculous is it that I, an honest, taxing paying citizen, should have to even consider fearing the government stealing my legally earned money?
IIRC(BIANS*), A lot of the asset seizure nonsense started out in the 80s, primarily by the IRS. The problem with court challenges such as that is you have to first get the government to agree that you have a case against the government. The practice mushroomed out of control during the war on drugs.I haven't Googled it yet, but has anyone heard of any court cases challenging such seizures?
Police Union Head Wonders Why Everybody Suddenly Wants Them to Stop Stealing People’s Stuff
It’s the worst defense of civil asset forfeiture you’ll read today, or possibly ever.
Note the many issue deflections and deliberate omissions in Canterbury's argument:At a time when the number of officers is declining, federal assistance to state and local agencies is evaporating and deliberate attacks on law enforcement officers are rising, how can this issue be a law enforcement priority? Why are anecdotal accounts in the media suddenly making this a priority in the editorial pages of some newspapers?A sarcastic paraphrase: "How can you be so concerned about police stealing and keeping citizen property when we're being attacked? What is wrong with you?"
For over 30 years, the asset forfeiture program has allowed law enforcement to deprive criminals of both the proceeds and tools of crime. The resources provided by the equitable sharing program have allowed agencies to participate in joint task forces to thwart and deter serious criminal activity and terrorism, purchase equipment, provide training upgrade technology, engage their communities, and better protect their officers. It has been remarkably successful.
The anecdotal accounts of police misuse of forfeiture are making the news because there's a bipartisan realization that civil forfeiture violates the citizenry's property rights. Canterbury deliberately and purposefully suggests that the program is only used against "criminals" when that's absolutely not the case. That's why it's called a "civil" asset forfeiture. Authorities go after the property itself in a civil, not criminal, court, accusing the property of being involved in a crime. This means that the property owners are deliberately not provided the same due process as somebody accused of criminal behavior. The threshold for taking property away through a civil administrative system is deliberately lower than convicting somebody, and Canterbury knows it.
The forfeiture program has indeed been "remarkably successful" in separating citizens from their property.