If there was ever a time when we should restore the fourth amendment to the constitution, this is it.

“The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches ans seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation…”

This month a federal appeals court ruled that law enforcement agencies can scan credit, debit and gift cards without running afoul of the Fourth Amendment’s protection against unreasonable searches.

Why? So under civil forfeiture law, police departments across the nation can take your money electronically, if they suspect the money is somehow related to illegal drug activity. Not just money on your person, or found under your mattress, but the money in your child’s college savings account, funds you are saving for retirement, to start up a business, or just to pay bills.

Civil forfeiture law was designed to help law enforcement confiscate anything suspected (!) of being related to the manufacture and sale and transportation of illegal controlled substances. And to “enhance” cooperation between law enforcement agencies. And BTW to shovel money towards those agencies, who could “keep” a share of the confiscated money. See any potential for abuse here?

According to the Justice Department, “Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes…”

That’s right, even if you are found innocent in criminal court, the government still claims the right to take your money and property. Unbelievable.

“From 2005 to 2010, government seizures of assets from both criminals as well as innocent citizens went from $1.25 billion to $2.50 billion.” (Wikipedia) A lot of that money bought “toys” for law enforcement, or was added to their general funds. “In March 2012, in the middle of the night, without a warrant, New York City police burst into the home of Gerald Bryan, ransacked his belongings, ripped out light fixtures, arrested him, and seized $4,800 of his cash, but after a year, the case against him was dropped. When Bryan tried to get back his money, he was told it was “too late” since the money had already been put into the police pension fund.” (Wikipedia)

April 15, 2016, Oklahoma law enforcement confiscated $53,000 from a Christian rock band from Burma. They were touring the US to fund a religious college in their home country. Also confiscated was $1,000 in envelopes with the name of a Thailand orphanage written on them. The band’s leader was charged with felony “acquiring proceeds from drug activity.” The charge was based on a drug sniffing dog’s “alert, but no drugs were found in their vehicle.

Ed Wah, the band’s sponsor for the tour says, “We thought America was the best in the world,” he said. “But unfortunately this happened, and it made us [think] like American police are the same as our police in Burma.”

Because even corrupt politicians can’t flout public opinion, an Oklahoma district attorney, who paid off his student loan with asset forfeiture money, was forced to give the money back. How did he get the money in the first place? Forfeiture abuse stories are rampant.

In some states, police ask stopped motorists to sign a “roadside property waiver,” which states that the motorist will not be arrested if he doesn’t contest the seizure. That fits my understanding of the meaning of extortion. “If you don’t give us money, something worse will happen to you.” Doesn’t that make those law enforcement agencies criminal enterprises?

Let’s take this a step further. It’s been reported that some state law enforcement agencies coordinate across state lines, by surreptitiously recording the license plates of “suspicious” drivers, and forwarding that information to other law enforcement agencies, who can then be “on the lookout” for out those vehicles with out of state plates; making the constitutionally protected guarantee of probable cause a joke.

Then there’s the question of the FBI abusing terrorism legislation to gain access to private information that’s not terrorism related, and giving it to local law enforcement.

And the recent Supreme Court decision allowing cops to search after illegally stopping a citizen.

We have a situation where the ordinary citizen must now “prove” that his money has been acquired legally, or face the prospect of that money being “legally” stolen by government. So much for presumption of innocence?

Some state legislatures, like Arizona, are reining in forfeiture abuse. But it doesn’t answer the basic question of why it’s ok to take people’s money without proof of criminality in the first place?

Big picture, I contend that there’s a conspiracy (a confluence of self-interest) between big banking interests and the government to make all your money transactions electronically accessible. The Patriot Act allows government to monitor your bank transactions (over $10,000), and asset forfeiture puts you at risk of seizure for carrying large amounts of cash for business or other purposes. The American public is now faced with the prospect of having their government legally steal their money, whenever an individual’s private business is transacted, whether in cash or electronically.

Easy credit, inflation, and government policy combine to pressure the American consumer to use digital money in transactions, which can be accessed by government for its own reasons.

Bottom line, regarding your personal finances, Fourth Amendment privacy protections no longer exist.

What’s in your wallet?

Jeff Konicek is a retired educator and bonsai expert, living in Laytonville.