How can this be ok?
by digby
The last I heard it isn’t illegal to carry cash. But it might as well be:
After scraping together enough money to produce a music video in Hollywood, 22-year-old Joseph Rivers set out last month on a train trip from Michigan to Los Angeles, hoping it was the start of something big.
Before he made it to California, however, Rivers fell victim to a legal form of government highway robbery.
Rivers changed trains at the Amtrak station in Albuquerque, New Mexico, on April 15, with bags containing his clothes, other possessions and an envelope filled with the $16,000 in cash he had raised with the help of his family, the Albuquerque Journal reports. Agents with the Drug Enforcement Administration got on after him and began looking for people who might be trafficking drugs.
Rivers said the agents questioned passengers at random, asking for their destination and reason for travel. When one of the agents got to Rivers, who was the only black person in his car, according to witnesses, the agent took the interrogation further, asking to search his bags. Rivers complied. The agent found the cash — still in a bank envelope — and decided to seize it on suspicion that it may be tied to narcotics. River pleaded with the agents, explaining his situation and even putting his mother on the phone to verify the story.
No luck.
“These officers took everything that I had worked so hard to save and even money that was given to me by family that believed in me,” Rivers told the Journal. “I told (the DEA agents) I had no money and no means to survive in Los Angeles if they took my money. They informed me that it was my responsibility to figure out how I was going to do that.”
Rivers, who has since returned to Michigan, fell victim to civil asset forfeiture, a legal tool that has been criticized as a violation of due process and a contradiction of the idea that criminal defendants are presumed innocent until proven guilty. Asset forfeiture allows police to seize property they suspect is related to criminal activity, without even charging its owner with a crime. The charges are filed against the property itself — including cash, jewelry, cars and houses — which can then be sold, with part of the proceeds flowing back to the department that made the seizure.
“We don’t have to prove that the person is guilty,” Sean Waite, the agent in charge at the DEA’s Albuquerque’s office, told the Journal. “It’s that the money is presumed to be guilty.”
The burden of proof lies with those whose property is taken, who often are forced to wage costly court battles to prove they came by their possessions legally.
That’s where Michael Pancer, a San Diego attorney who now represents Rivers, comes in.
“What this is, is having your money stolen by a federal agent acting under the color of law,” Pancer told the Journal. “It’s a national epidemic. If my office got four to five cases just recently, and I’m just one attorney, you know this is happening thousands of times.”
This is the War on Drugs, people. It is a license to spy and a license to steal.
If people want to reform the justice system one very simple way to get started would be to declare victory and disband the DEA.
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