Civil asset forfeiture bypass? - Nexus Card

[Freightman]

We see a lot of posts on civil asset forfeiture, and the fear of our American friends (as well as other nationalities) on the issue of having bankrolls confiscated by U.S. law enforcement, without the benefit of due process. Typical AP advice on the issue revolves around lawyers letters and accountants letters included in bankrolls, essentially stating intent ofindividual, further stating that appropriate taxes are paid etc. The excuse proffered by authorities being simply a sniff of reasonable (and unreasonable being applied) suspicion.

I applied in February for myself and my wife for Nexus cards. Nexus cards are managed by both Canada Customs as well as US customs Prorection - Homeland Security. The purpose of the cards being to bypass long lines at airports and land border crossings. They are also useful for intra Canada and Intra US travel. We received Prelminary approval a day or do after submitting our applications online. I combined my final interview with an out of town trip (being quicker than my home airport)

The interview includes electronic finger printing as well as Iris digital pictures. The security process includes, I believe, thorough background checks. I received my final approval literally an hour after this interview - via email.

The point is, after thorough checks, you we now classified as a law abiding Trusted Traveller. It seems to me that possessin of this card makes it far more difficult for law enforcement to "simply" have a a reasonable suspicion of criminal activity with the cores purpose being to seize your money. The cost is reasonable. Food for thought.

[Norm]

Sounds like a good idea in general. The more documentation the better. But, in East Texas, they'd just confiscate that too.

[Stealth]

This appears to be the same as TSA Pre procedure in the US?

[LVBear584]

Unfortunately, TSA Pre Check provides only a number to be given to the airline, no card. Global Entry provides a card.

[Gronbog]

Yes, similar. Nexus card holders can also use the Global Entry terminals in airports/ports without Nexus terminals. Definitely worth it for saving time alone. I once passed over 100 cars at a Canada-USA land border crossing. You also get to short-cut both the security and customs lines when crossing by air.

The one time I had to declare currency, it was due to a tournament win. I'm not sure that having the Nexus card helped. But having the trophy and the oversized cheque definitely did.

[gutshot]

The U.S. House just passed the Due Process Act (H.R. 5283), also know as "Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016"

"Provides new protections and strengthens due process rights for property owners who are faced with the daunting task of contesting a federal civil forfeiture. The DUE PROCESS Act specifies a property owner’s right to a prompt initial hearing before a judge to challenge a seizure or claim undue hardship. The legislation also provides a right to legal representation to indigent property owners at all civil forfeiture proceedings and protects a defendant’s right to hire counsel of their choice. The legislation also requires the government to comply with certain administrative timeframes and notification procedures that benefit property owners, as well as provide transparency of federal forfeiture proceedings. Crucially, the DUE PROCESS Act also increases the federal government's burden of proof in civil forfeiture proceedings. Currently, federal law allows for preponderance of the evidence, which is the lowest standard of proof in a court of law. The DUE PROCESS Act would require clear and convincing evidence in civil asset forfeiture cases before the government can permanently take property. Advocates highlight, however, that the DUE PROCESS Act, as currently formulated, does not address the warrantless government seizures that will almost certainly continue unchecked until the profit incentives to pursue civil forfeitures are also addressed through legislation.“

Hopefully this will make it a little easier to get assets back that were unjustly seized.

https://www.congress.gov/bill/114th-...bill/5283/text

[ZenMaster_Flash]

"The U.S. House just passed the Due Process Act (H.R. 5283),
also know as "Deterring Undue Enforcement by Protecting Rights
of Citizens from Excessive Searches and Seizures Act of 2016"

This is a truly VALUABLE post !

[Freightman]

This is a truly VALUABLE post !

If I'm not mistaken, and I certainly don't pretend this us entirely accurate - is there not a difference between federal and state forfeiture laws? - and if so, what are the ramifications of state vs federal?

[gutshot]

Good point. Reading more on this topic...

"Noticeably absent is any language addressing the Department of Justice’s Equitable Sharing Program. This program allows state and local law enforcement to circumvent protective state statutes and pursue permanent seizure of property through federal forfeiture laws. Failing to significantly reform or entirely eliminate the Equitable Sharing Program is a missed opportunity. We hope that it will not take another 16 years for Congress to revisit the issue."

If I'm not mistaken, and I certainly don't pretend this us entirely accurate - is there not a difference between federal and state forfeiture laws? - and if so, what are the ramifications of state vs federal?

[ZenMaster_Flash]

"Case Law." The Federal Judicial Ruling establishes
precedent as soon as it is used in court proceedings.

[Boz]

If I'm not mistaken, and I certainly don't pretend this us entirely accurate - is there not a difference between federal and state forfeiture laws? - and if so, what are the ramifications of state vs federal?

State laws are more restrictive. They use the federal law to circumvent state law, by calling in a federal officer to the case, and that's generally how they get your stuff.

[Freightman]

State laws are more restrictive. They use the federal law to circumvent state law, by calling in a federal officer to the case, and that's generally how they get your stuff.

If that is correct it seems pretty clear that there is a list of supposed transgressions on which state police could call in the Feds, and an all other list upon which the Feds would not want to be bothered.

It would be interesting if such lists are actually in written form.

Proofread for the upcoming spelling bee

[Norm]

I think most police departments that regularly engage in forfeiture hate the feds more than we and just follow their own laws.