Due Process? What’s That? Oklahoma Takes a Swipe at Your Bank Accounts

Faye HigbeeJune 9, 2016

0 301 2 minutes read

The Oklahoma Highway Patrol has received a new device that allows them to take all the money in your bank accounts. Did you hear that right? Yes you did.

due process

ERADs, or Electronic Recovery and Access to Data

OHP began using 16 of the devices last month. They are able to scan your bank cards or prepaid cards and simply steal your money.

If police officers in Oklahoma believe the money you have is connected to a crime, they can simply access your cards and pull the money out. According to 5NewsOnline, it works like civil forfeiture – and they don’t need a warrant nor to they have to arrest you first.

In fact, in civil forfeiture cases, YOU have to prove the money wasn’t ill-gotten gains. It is exactly reversed from the normal “innocent until proven guilty” method of the justice system.

Oklahoma’s new devices – unconsitutional!

Fortunately for the citizens of Oklahoma, one legislator plans to introduce a law that requires police to get a conviction before stealing people’s money.

okseizure

News9 reported:

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.

Dumping Due Process

Civil forfeiture has resulted in personal losses of cash and personal property since the practice began. It totally goes against the Constitution. Hope the people of Oklahoma can find a way to stop it. It’s one thing to go after drug dealer’s money after they’ve been convicted. It’s quite another to ASSUME someone is a criminal before their right to due process has played out.

The excuse that ” we can always give it back later” is lame. Citizens have had to fight for their property and money back and end up embroiled in a long, expensive legal battle.

H/T Uncle Sam’s Misguided Children

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