It's called a flyover state for a reason.
Police use new device to seize money in bank accounts or on prepaid cards
21–30 of 517 posts
Re: Police use new device to seize money in bank accounts or on prepaid cards
#22This can't possibly be legal or even technically feasible. The victim can call her bank and report a fraudulent transaction, which pits the bank against a warrantless seizure that's impossible to defend in court. Surely banks can catch on and frontload an "identity protection" mechanism that'll simply block transactions from anything matching "ERAD" or however they identify themselves to the ACH. It's doubtful that l…
What incentives do the banks have to fight on behalf of their customers?
Re: Police use new device to seize money in bank accounts or on prepaid cards
#23Are you required to surrender your credit carts, etc to the cops during a traffic stop? What if you refuse?
Its mostly for use against prepaid gift cards and the like. Also those cheesy pre-paid credit cards.
Supposedly its already in use at borders. The news is that now if you get pulled over in OK the cops will now keep any gift cards they find.
Ever wonder why there's such a push to get RFID everywhere? If they RF scan your car and find a card in the trunk now you're at minimum guilty of obstruction.
Re: Police use new device to seize money in bank accounts or on prepaid cards
#24From the article:
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.
So what would this device look like? Is it performing ACH or wire transfer transactions? Or is this just sending card information to the company, which then automates the state government's garnishment process?
I'll be interested to get the full story when details are available.
I'm glad there's some pushback from the state legislature!
Re: Police use new device to seize money in bank accounts or on prepaid cards
#25This can't possibly be legal or even technically feasible. The victim can call her bank and report a fraudulent transaction, which pits the bank against a warrantless seizure that's impossible to defend in court. Surely banks can catch on and frontload an "identity protection" mechanism that'll simply block transactions from anything matching "ERAD" or however they identify themselves to the ACH. It's doubtful that l…
Asset forfeiture is explicitly provided for by the law in most states. It can and does routinely stand up to being challenged in court.
Re: Police use new device to seize money in bank accounts or on prepaid cards
#26You have to wonder how this works. Like how does the officer know how much you have and how much is 'appropriate' to confiscate? I wonder if it does a series of authorizations looking for some sort of upper limit to figure out how much money is in the account and then they determine what to take from that? Either way, this goes way beyond reason for what a trooper should be able to do on the side of a road during a t…
The officer doesn't have to know. Or care. He just takes every penny the system allows and lets you fight the DA over it at a later date. Even if the money is returned, it doesn't cost the cop anything to try. And if they keep the money, some moeny goes back to the police department.
Re: Police use new device to seize money in bank accounts or on prepaid cards
#27I've seen it said before and I'll say it again. Anyone who works for companies who make products like this in any capacity should be blacklisted in the industry. The missing scruples here could fill several large containers.
Re: Police use new device to seize money in bank accounts or on prepaid cards
#28My understanding with asset seizure is that you can show why the money was yours, and it is returned. What happens to the 7.7% taken by the servicer? Is it automatically returned as well?
The state refunds it to you, the 7.7% percent is the fee the state paid in order to withhold your funds so conveniently. The trick is you have to prove that those withheld funds are wrongfully withheld (the burden of proof is on the accused in this case) without access to the seized assets. In short, the 7.7% is negligible because in the cases of this abuse, you probably weren't getting that money back anyways.
Re: Police use new device to seize money in bank accounts or on prepaid cards
#29This can't possibly be legal or even technically feasible. The victim can call her bank and report a fraudulent transaction, which pits the bank against a warrantless seizure that's impossible to defend in court. Surely banks can catch on and frontload an "identity protection" mechanism that'll simply block transactions from anything matching "ERAD" or however they identify themselves to the ACH. It's doubtful that l…
> which pits the bank against a warrantless seizure that's impossible to defend in court
Your argument could equally be applied against regular (cash) civil asset forfeiture. The outcome is the same either way.
"Sorry, it was authorised by the authorities, nothing we can do".
You'll be short of the money until you sue, same as in regular civil asset forfeiture. When you do sue, you'll have to prove that you're entitled to the money, same as in regular civil asset forfeiture. What you get back will be less legal fees, same as in regular civil asset forfeiture.
Re: Police use new device to seize money in bank accounts or on prepaid cards
#30My understanding with asset seizure is that you can show why the money was yours, and it is returned. What happens to the 7.7% taken by the servicer? Is it automatically returned as well?
How much are you willing to spend to get the money back?