FOR-PROFIT LAW ENFORCEMENT – HOW POLICE STEAL MONEY FROM PEOPLE

Law enforcement has engaged in a legalized form of theft for many years.  Admittedly, in most cases, it is the seizure of ill-gotten gains (IGG) that are the profits and proceeds of some sort of illegal operation; drug dealing, fraud and such.  However, the police have also gotten into the law-enforcement-for-profit business by seizing just about anything, regardless of whether it is IGG or not.

In the last several months, a married mother of five, while working as a waitress in Moorhead, Minnesota, was left a “tip” by an unknown and unidentified woman.  The police took it, although they call it a “seizure”.  The unknown woman left a box on the table after the waitress had served her.  The conscientious waitress followed the women into the parking lot and tried to give the box back to the woman, but was told to “keep it.”  The waitress had no idea what was in the box at the time, thinking it was just a “doggy bag” sort of thing.  Imagine her surprise when it had cold, hard cash in it.  It contained $12,000 in cold, hard cash.  You know $12,000 in coin of the realm kind of cash.

The waitress, being an honest individual, and believing that the woman must have been mistaken in giving such a large amount to a stranger – a reasonable assumption – called police.  Police initially took the money, advising the waitress that she could come get the money in 60 days if it went unclaimed.  When she went to the police department after 60 days to claim the money, she was told she had to wait another 30 days, for a total of 90 days.  When, after 90 days, she went to reclaim the money, she was told it was being seized.  The police told her it must be drug money!  They said it smelled of marijuana and a drug dog alerted on the money, so it must be IGG of the drug trade.  They decided to seize the money and - wait for it – keep the money themselves.

I am not sure how to express how indignant I am with this incredibly arrogant abuse of authority; because it exists on so many levels.  Thus, in no particular order of importance, allow me to explain.

The police are sending an incredibly bad message to the greater world.  They are telling people, if you do the right thing, if you call the police and report an unusual circumstance that involves money, we will take the money from you.  We will take the money from you, and give it to ourselves.  The clear and unmistakable lesson here is, if you don’t have to, don’t call the police.  They will take your money if they can.  This woman was given a gift, a tip, if you will, and had no reason to need to call the police, but for the fact that it was a lot of money.  She had no idea where the money came from and had no way of knowing.  She is an innocent.  The police apparently think they have the magic crystal ball of truth and determined that this money just has to be IGG?  Do the police get to make the presumption it is IGG and make you prove it is not?  Not in the America I have fought to protect and defend.

The presumption that it is IGG is nothing more than just that, a presumption on the part of police.  They have nothing more than the fact that a drug dog alerted on what they believe was money that smelled like marijuana.  Are we to ignore that a study by the University of Massachusetts in 2009 determined that 90%, yes 9 out of ten, pieces of paper in this country contain traces of cocaine?  I dare you to find money in this country that has neither been used to snort cocaine, nor been folded up with money that has.  If the standard is “it has been in contact with drugs”, then every piece of paper money that has been in circulation for, what (?) hours (?) is able to be seized by police?  Puhleeeze!!!   Yes I know they say it was marijuana, but does a drug dog alert differently for pot than coke; and what difference does it make if the money has been in contact with marijuana?  Do the police get to seize every dolar bill that smells like marijuana??  I think not!

What makes the Moorhead Police think they have a greater right to the money than the woman to whom it was given?  The woman is a waitress, raising five kids for crying out loud.  She is not into drugs by all accounts, so why do the police seem to think she has no right to the money?  I’ll tell you why, because they think they can.  If the police “seize” (read: steal) the money, they truly believe that they can get away with it.  It is a belief born of arrogance and impunity that “we are the police, we can’t legally steal, we seize.”  I invite my friends of the wing nut, neo-conservative, right-wing, fascist persuasion to defend this one.  Oh, and while you are at it, consider the IRS collection process for a minute and defend that too…but I digress.

I have actually been involved with the legal representation of individuals who have had their money seized by police.  The sole rational for the seizure was that it was too much money for a single individual to be carrying around with him.  He got it all back, by the way, but only after he took the police to court.  What the hell gives the police the right to determine how much money I am allowed to carry on my person?  I am not saying it is the brightest thing in the world to do, but if I decide to carry around several thousand dollars in cash, or several hundred thousands of dollars for that matter, what gives the police the right to say it is too much money?  Who gives them the right to take my money and make me prove it is not IGG?  My answer is no one!  It is the opinion of a petty police officer who thinks he gets to decide.  Having been a police officer, I can assure you that what is a lot of money to a cop is very often not a lot of money to someone else.  Thus, I use the term petty to describe a decision often made as a result of jealously.

The woman in Moorhead, MN has had to sue the police to get her money back.  I have no doubt that the police will start making offers to return a portion of the money.  They will threaten to draw out legal proceedings that will use up any money she might get back if she does not settle for less than the full amount.  Remember, the police legal fees are being paid by the taxpayer, you know, you and me.  It is no sweat off their backs if the case drags out for months, or even years.  I suspect that the woman, if she does not “go along” will also become the subject of increased police “scrutiny” (read: harassment) until she agrees to “do the right thing” as defined by the police.  Finally, the cops will make absolutely certain that the IRS is made aware of this woman’s good fortune in an effort to further harass her.  Trust me, it is not because they want to make sure she declares the money on her Form 1040 because it is the right thing to do, they do it as a punitive measure just to “make her pay.”

Police corruption comes in many forms.  In this case it is systemic corruption that benefits and is supported by the police.  It is not a rogue cop abusing his authority in a violation of the law.  It is the police using the law to commit what is morally, ethically and principally wrong.  It is an abuse of the law to commit a theft, period!!  They should be ashamed of themselves.