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Re:Police use new device to seize money in bank accounts or ... by stackus on Wednesday June 08, 2016 @11:45AM (#11863000)
You're never charged with a crime, the object is and it is not given representation. So there's no "innocent until proven guilty" for inanimate objects.

Despicable, and akin to highway robbery in my opinion.

Re:Police use new device to seize money in bank accounts or ... by 1_2__3 on Wednesday June 08, 2016 @02:50PM (#11864596)
This is flatly incorrect. This is a civil proceeding, neither you nor your property are charged with a crime. Instead, a civil (not criminal) forfeiture proceeding is initiated against your property.

I'm not just being pedantic, this is part of why it's so incredibly fucked. They have, no exaggeration, taken a portion of the criminal legal system with all the constraints and due process requirements there, excised it with a legislative scalpel and grafted it back on to the civil system.

I honestly to this day don't understand why government is allowed any access at all to the civil system as a plaintiff, at least not beyond the local level.

Oh wait, yes I do understand: It's specifically to fuck the people over.

Re:Police use new device to seize money in bank accounts or ... by mahyarm on Wednesday June 08, 2016 @03:08PM (#11864737)
Sue a contractor for not upholding your contract with the federal / state government? Like road building or whatever else.
Re:Police use new device to seize money in bank accounts or ... by 1_2__3 on Thursday June 09, 2016 @11:27PM (#11874092)
I have to imagine there's a giant pile of (criminal) laws they could use to prosecute someone who's trying to defraud the government. But your point is still well-taken, and it's kind of academic anyway - it's an incredibly valuable (and lucrative) tool for the government, of course they're not going to give it up.
Re:Police use new device to seize money in bank accounts or ... by Pwntastic on Wednesday June 08, 2016 @01:28PM (#11863937)
It is literally highway robbery, as it is the highway patrol pulling you over and stealing your money.
Re:Police use new device to seize money in bank accounts or ... by adventured on Wednesday June 08, 2016 @01:43PM (#11864037)
In thread after thread on this topic - civil asset forfeiture in its various forms - I see people do elaborate intellectual dances to describe or title what this is.

Nothing more than: highway robbery, is necessary. You're spot on, that's exactly what it is, and it's nothing more. It's robbery. Using any other names for it, just assists the police in covering up what they're doing through confusion. Everyone should begin calling it robbery by police or the equivalent, and stop referring to it as civil asset forfeiture in public forums (that's only useful in a technical/legal regard).

Re:Police use new device to seize money in bank accounts or ... by unimpressive on Wednesday June 08, 2016 @04:06PM (#11865217)
In a similar vein, I liked the suggestion that we should start calling "Parallel Reconstruction" evidence laundering.
Re:Police use new device to seize money in bank accounts or ... by colinbartlett on Wednesday June 08, 2016 @05:57PM (#11866033)
"Officer involved shooting"

These are all language tricks used to manipulate the masses. "Double plus good" is not a stretch at this point if we become complacent to this kind of manipulation.

https://www.washingtonpost.com/news/the-watch/wp/2014/07/14/...

Re:Police use new device to seize money in bank accounts or ... by caf on Wednesday June 08, 2016 @09:21PM (#11866964)
"collateral damage" - these sorts of tricks are not new.
Re:Police use new device to seize money in bank accounts or ... by OscarCunningham on Thursday June 09, 2016 @08:44AM (#11868964)
The CIA is the master of yhese euphemisms; "extraordinary rendition" for kidnapping and "enhanced interrogation" for torture.
Re:Police use new device to seize money in bank accounts or ... by ahallock on Wednesday June 08, 2016 @11:59AM (#11863125)
That doesn't make sense. Objects cannot commit crimes since they aren't human beings and thus cannot act, have rights, etc. Is this what Statism has come to? I know we have the whole corporations are people nonsense, but this is straying even further into complete irrationality. I know it's just to circumvent the law, but if they can create fiction like that, there's pretty much no law and order anymore.
Re:Police use new device to seize money in bank accounts or ... by rdtsc on Wednesday June 08, 2016 @09:43PM (#11867058)
Because of War On Drugs people had no problem with this. If you had asked when this law was passed someone random Joe Schmoe on the street -- "Is this a good law, we'll get all those rich drug lords?". They would have probably nodded and agreed.

So the law was pushed through. Then some day cops realized they can apply this law for fun and profit. And so they have been.

Re:Police use new device to seize money in bank accounts or ... by dragonwriter on Wednesday June 08, 2016 @11:47AM (#11863012)
> You're never charged with a crime, the object is and it is not given representation.

No one and nothing is charged with a crime in civil asset forfeiture.

Re:Police use new device to seize money in bank accounts or ... by khedoros on Wednesday June 08, 2016 @02:25PM (#11864380)
But you do end up with amusing case names like "United States v. $124,700 in U.S. Currency" (https://en.wikipedia.org/wiki/United_States_v._$124,700_in_U...).

The currency is defined as the defendant in the case.

Re:Police use new device to seize money in bank accounts or ... by mcbits on Wednesday June 08, 2016 @03:02PM (#11864687)
I feel like I'm living in the Matrix when I see things like this. There are people out there - lawyers and judges, who must be fairly smart to finish law school - who think "United States v. $124,700" makes perfect sense.
Re:Police use new device to seize money in bank accounts or ... by sgnelson on Wednesday June 08, 2016 @05:36PM (#11865876)
I was told when I first started graduate school that it's not about how smart one is, but rather it's about perseverance, the ability to jump through bureaucratic hoops, bite your tongue and do what you're told.

I have come to believe this since I've met some incredibly brilliant PhD's, but I've also met some incredibly dumb PhD's.

Re:Police use new device to seize money in bank accounts or ... by vacri on Wednesday June 08, 2016 @08:09PM (#11866716)
A PhD is more about elbow-grease than intellect. You do need some intellectual chops (in your field - you can be very naive outside it), but you need perseverance more than anything.

I've met some PhDs who would run rings around anyone in their niche, but would be (metaphorically) unable to tie their shoelaces by themselves.

Re:Police use new device to seize money in bank accounts or ... by emn13 on Wednesday June 08, 2016 @03:43PM (#11865029)
Hey, if a corporation is a person...
Re:Police use new device to seize money in bank accounts or ... by hackuser on Wednesday June 08, 2016 @12:56PM (#11863674)
The objects are property, and people have property rights.
Re:Police use new device to seize money in bank accounts or ... by gozur88 on Wednesday June 08, 2016 @05:08PM (#11865688)
Sure, people have property rights, which, in this case, they've stripped without due process. Or indeed, any process at all.

There's no way I'd carry a bank card in OK.

Re:Police use new device to seize money in bank accounts or ... by eric_h on Wednesday June 08, 2016 @07:20PM (#11866491)
This comment[1] suggests that the product does not work with an actual bank card, only prepaid cards, which boggles the mind.

1) https://news.ycombinator.com/item?id=11865494

Re:Police use new device to seize money in bank accounts or ... by gozur88 on Wednesday June 08, 2016 @10:58PM (#11867280)
The article says "Now, the Oklahoma Highway Patrol has a device that also allows them to seize money in your bank account or on prepaid cards."

It wouldn't be the first time a news article was wrong, though it'd be nice to know for sure.