OKLAHOMA CITY (KFSM) — The Oklahoma Highway Patrol is using a new device that enables them to seize money in your bank account.
Last month, the OHP started using 16 ERADs, or Electronic Recovery and Access to Data machine, reported News on 9.
The process of seizing money electronically works similar to civil asset forfeiture, where police can seize property or cash if they believe it is connected to a crime. They can do this without a warrant or arrest, and they don’t have to prove a crime was committed first.
If a trooper suspects you have money tied to a crime, the highway patrol can use the ERAD to scan any cards you have and seize the money.
“We’re gonna look for different factors in the way that you’re acting,” Oklahoma Highway Patrol Lt. John Vincent told News on 9. “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.”
Once someone’s money is seized, it is up to them to prove that the money is not connected to the crime.
“If you can prove can prove that you have a legitimate reason to have that money, it will be given back to you,” Vincent said. “And we’ve done that in the past.”
However, State Sen. Kyle Loveless, R-Oklahoma City, told News on 9 that the ability to seize money like that removes due process and the belief that a suspect is presumed innocent until proven guilty.
He said he has already seen instances where police have abused the system, so he is planning on introducing legislation to change it.
Loveless said he will propose legislation that will require a conviction before any assets could be seized.
“If I had to err on the side of one side versus the other, I would err on the side of the Constitution,” Loveless said. “And I think that’s what we need to do.”
According to News on 9, OHP paid ERAD Group Inc. $5,000 for the software and scanners, and will give them then 7.7 percent of all the cash the highway patrol seizes.
To read more at our affiliate News on 9, click here.
