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originally posted by: SlapMonkey
a reply to: DeathSlayer
This is horsepucky at its finest.
Do they forget that we have the right to be secure in our possessions until we are charge, tried and convicted?
This will never hold up in court, unless this story is missing something.
I'm guess the ACLU won't even mess with it, though, unless it's shown to disproportionately affect minorities.
originally posted by: Atsbhct
How are they bypassing PIN protection?
originally posted by: Aazadan
You have the right to be secure in your possessions. Your possessions have no such right...
Bags, Purses and Briefcases: generally, courts have been willing to uphold a person's expectation to privacy in their personal belongings carried in a bag, purse or briefcase. This has even included a somewhat see-through bag carried by a passenger on a public bus.
originally posted by: roadgravel
Wouldn't that mean searching a wallet or briefcase, finding money and seizing is a violation.
Are you saying they do it and a person must prove/claim the illegal seizure?
- Op Source
Police in Oklahoma are now able to seize money from motorists even if they don’t have physical cash on them – and even if those people are merely suspected of a crime. Using a new device called an ERAD, or Electronic Recovery and Access to Data machine, Oklahoma Highway Patrol officers can now swipe debit or prepaid cards if they suspect a driver of obtaining money contained in their bank accounts illegally.
We’re gonna look for different factors in the way that you’re acting,” Oklahoma Highway Patrol Lt. John Vincent told Oklahoma News9.com. “We’re gonna look for if there’s a difference in your story. If there’s someway that we can prove that you’re falsifying information to us about your business.” If drivers can prove, to an officer’s satisfaction, that the cash is legally theirs, they can keep their money. All of this without an arrest, charge or warrant – an unconstitutional procedure that strips citizens of due process and civil rights, says Oklahoma Senator Kyle Loveless.
“You have effectively a way of instantly seizing a digital account from a traffic stop,” Henderson said, according to OklahomaWatch.org. “That’s a capability I have never seen before.”
originally posted by: whitewave
There are RFID wallets that prevent scanning/confiscating the contents of your wallet. I'll be getting one tomorrow. This is grossly unconstitutional and will not stand in Oklahoma for long.