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As most of my readers probably already know, a couple of guys were arrested recently in Michigan for operating a business out of a car while Arabic. They had $11,000 in cash, $20,000 in inventory, and a digital camera with some pictures on it, which some overzealous cop thought added up to a terrorism case. Turns out it doesn't, but at least this case went through the process it was supposed to go through, and no one had to figure out which country they'd been exported to to have confessions tortured out of them, and they're probably even going to be let go to get on with their lives.

That's not what I'm here to talk about.

What I'm here to talk about is what's going to happen to their cash and their inventory? They don't get it back. Current law in most of the US effectively says that cops can take anything they want and keep it for the use of their departments, and as long as they don't take it from anyone with any political power the law will probably stay that way. Even in places where the money can't be spent by the department and instead goes into an evidence locker forever, that's money that's not in M1 any more, which means the federal government can print more and spend that.

I handle large amounts of money from time to time. It used to be that I was afraid of running across a mugger on the way to the bank. Now I'm more concerned about running across a cop.

Date: 2006-08-15 06:16 pm (UTC)
From: [identity profile] aroraborealis.livejournal.com
That really pisses me off.

Date: 2006-08-15 06:47 pm (UTC)
From: [identity profile] sunspiral.livejournal.com
That's completely appalling! Even though they're innocent? So if a cop covets your stuff, all they have to do is arrest you on bogus charges and it's theirs? Time for another donation to the ACLU.

But as for your worries, since you don't have brown skin or an arabic name you've got much less to worry about. I wish I was joking, but I'm not.

Date: 2006-08-15 07:58 pm (UTC)
From: [identity profile] palmwiz.livejournal.com
Exacerbating the problem is that their particular case looks like it will be continued without a finding, "so that if we decide later they're terrists we can do something about it". Which means that while they're not guilty, they're not innocent either. Which will make them suing to recover their property (which is what you have to do in civil forfeiture cases) much more difficult.

Date: 2006-08-15 08:24 pm (UTC)
From: [identity profile] palmwiz.livejournal.com
Hm, a google search reveals that things aren't quite as bad as they used to be (http://www.malet.com/does_the_civil_asset_forfeiture_.htm). But with the continuation, I'll be amazed if these guys get their cash back.

Date: 2006-08-16 01:25 am (UTC)
From: [identity profile] sebastian-tombs.livejournal.com
This isn't any different than the seizure laws involved for drug-related investigations. Again, stuff can get seized if there is sufficient suspicion for a drug arrest, and it won't be returned, even if the arrestee is vindicated.

what worries me isn't the concern of if I am also carrying drugs, or even if I were carrying a car full of cameras. No, what worries me is the cases where the person arrested was just taking pictures of landmarks, and someone decided he was suspicious, and was scouting for a terrorist attack. 'Cuz I have been known to take pictures of landmarks, as I suspect, have many.

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