Yes, civil asset forfeiture is terrible, and I applaud these people for trying to fight the government, more power to them. However…just because a website says carrying a large sum of cash on to an airplane is completely legal, doesn’t make it a good idea. How hard would it really have been to get a cashier’s check?
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Originally I planned to stay in Canada for a year, but I’m sticking it out for the 3 required for citizenship. I’m not a likely target for CAF, and this might be paranoid, but being at the whim of one police officer’s decision to do this during a traffic stop using an ATM scanner (google it) makes it an easy decision.
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And whats odd is, someone who actually was a drug courier, would probably have taken the nefarious route, taped it in $10k bundles on their person, and gotten through, no trouble.
I think it’d be quite hard to find a pro-bono lawyer for an asset forfeiture case, given how common they are. And given legal costs, you would easily spend more than you got back, even if you won. The whole process is so monstrously stacked against citizens, it helps explain why a practice so grotesquely counter to the most fundamental, founding values of this country has managed to survive.
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Blame the victim much?
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Nothing screams Freedom! like being unjustly deprived of your property by armed government thugs.
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I carry a debit card with a minimal amount of money in the account. I can transfer savings account money to it easily with the bank phone app. This limits the amount that anyone can access in the event that it is compromised for any reason. Of course the police could eventually get to my money but there would be a considerable amount of due process involved in dong so.
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There’s the ACLU, who have taken on Civil Asset Forfeiture before:
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Did you read my whole comment? You know, the part you didn’t quote? What happened to these people is wholly unjustified and completely stupid.
Would you try and get on a plane with a stack of cash? Because I sure wouldn’t, even before I read about this particular event. Is it impossible to discuss the actions of people in these situations without “blaming the victim”? They are blameless. But IMO, that doesn’t make their actions any less misguided.
It boggles my mind that this is still legal. I can’t think of a law more susceptible to corruption and misuse.
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having a plan is probably a good idea, but expecting cops to do what you tell them may not work
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From the article, the banks were closing, and the daughter was flying out early the next morning. I think she just felt stuck.
If she went to a convenience store or currency exchange, that’s a lot of low-amount cashier’s checks.
ETA: Would the DEA feel equally comfortable seizing cashier’s checks? 
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Yeah, and then they just fucking shoot you because
“GUN GUN! SHE HAS A GUN!”
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Things that the courts have ruled covered by qualified immunity:
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stealing $225,000 (not civil forfeiture like this, actual outright stick-it-down-the-front-of-your-pants theft) while executing a search warrant
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shooting a 10-year-old boy while he was lying on the ground, having followed orders to do so while being held at gunpoint by the shooting officer
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conducting pelvic, rectal and X-rays exams in a groundless search for non-existing drugs
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That is the part that’s blaming the victim. If the action is only misguided because it’s likely to result in abuse at the hands of government thugs, it’s not “misguided,” you are the victim of oppression. Saying that the victim should have modified their actions to avoid this abuse is taking the side of the oppressor.
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Based on this, I think their legal counsel may have taken the case on contingency:
Source: NYDN; To date, Rolin [Brown] has yet to retrieve the money. On Wednesday [Rebecca and Rolin] sued both agencies both on their behalf and seeking class action status for the legions of people in their position.
If the Brown’s lawyer wins on gaining class action status, that would be a magnet for the firm to attract said legions of people.
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I’d like to know if they can get civil redress under TITLE 18, U.S.C., SECTION 242:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Per the Justice Department, this could be for violations that were carried out by agents while they were on duty.
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What if her bag had been lost? What if someone stole her bag? There are any number of situations where carrying around a large amount of cash isn’t the best idea. It is possible to perform actions that are, in and of themselves, misguided. Understandable, certainly, but misguided nonetheless. I am not taking the side of the government. I am taking the side of not doing things that carry unnecessary risk. And hopefully, someone else who is considering carrying a huge amount of cash onto an airplane will see this situation and think twice.
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I’m no expert on large sums of money, but I’m nearly certain that if you withdrew $82K from a bank, they would offer an escort. (can anyone here attest?)
Heck, I’ve felt nervous with $1000 in cash the few times it’s happened.
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Take a page from Scientology’s book and sue the agents as individuals. (Yeah, they’re smart enough not to hassle anyone who can afford to do that.)
