Can Police Seize Your Money Without an Arrest or Warrant?
The answer is yes, and criminal defense attorneys in Oklahoma are sharing information regarding the ERAD card reader carried by police that has the ability to do so.
Criminals are often frowned upon for the actions they engage in, but the fact of the matter is, not everyone accused of an offense did in fact commit a crime. It seems the state of Oklahoma doesn’t necessarily seem to think so as they already have a civil asset forfeiture law set into place. According to oklahomawatch.org, “law enforcement agencies” are able to “seize property and cash believed to be involved in the illicit drug trade and then take ownership of the assets.”
However, criminal defense lawyers in Oklahoma highlight the true concern that sets in as now they are going straight for the money in your wallet, and seizing it until you can prove that money is yours. So what does this mean for an unusually successful business owner or someone whom police “suspect” is a large drug dealer carrying funds made through drug trafficking, but in all actuality had no relation with the alleged offense?
Criminal defense lawyers have handled cases where innocent individuals are charged for crimes they didn’t commit.
As this new device stirs a ruckus with civil –rights advocates, it is noted the ERAD (Electronic Recovery and Access to Data) device will only be used to seize money on cards that seem to be carrying funds earned in connection with drug trafficking. Unfortunately, it has been proven time and time again that innocent individuals have been harassed and wrongfully accused by police officials of having some sort of involvement with drug-related crimes resulting in a loss of their property, money, and even time wasted behind bars for a crime that they did not commit.
Oklahoma criminal defense lawyers also point out that while the sole purpose is to take hold of these large profits earned from illegal activity and reduce the amount of drug trafficking, the rights of citizen comes into play as this means anyone, anywhere, could potentially possess the qualities one would associate with a drug dealer and potentially have all the funds in their bank account cleaned out right from under their feet.
Although it sounds as though this ERAD device may be a violation to individuals’ rights, another concern with it includes the “7.7 percent cut from all profits received via the card reader.” Therefore, another troubling question is: If I do show proof, do I receive my 7.7% back? And yet another would be, how does this ERAD device work?
Police can scan your card and determine if the large amounts on it may be linked to drug trafficking.
Well, the card is first scanned by a suspicious officer. “Once the card’s account balance is determined, the officer can use the device to freeze funds, preventing withdrawal or use of the money in the account.”
While it has yet to be disclosed as to how many police agencies will be using these ERAD devices, it is apparent they are already being placed inside the vehicles of officers within the state of Oklahoma. Criminal defense law firms nearby encourage citizens to stay current on the news for any changes that may arise from this new policy that has many concerned over.
