DEA to Amtrak passenger- Thanks, I need your cash

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Maybe he should have taken traveler’s checks.

But it’s too late for that now. All the money – $16,000 in cash – that Joseph Rivers said he had saved and relatives had given him to launch his dream in Hollywood is gone, seized during his trip out West not by thieves but by Drug Enforcement Administration agents during a stop at the Amtrak train station in Albuquerque.

An incident some might argue is still theft, just with the government’s blessing.

Rivers, 22, wasn’t detained and has not been charged with any crime since his money was taken last month.

That doesn’t matter. Under a federal law enforcement tool called civil asset forfeiture, he need never be arrested or convicted of a crime for the government to take away his cash, cars or property – and keep it.

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Waite said that in general DEA agents look for “indicators” such as whether the person bought an expensive one-way ticket with cash, if the person is traveling from or to a city known as a hot spot for drug activity, if the person’s story has inconsistencies or if the large sums of money found could have been transported by more conventional means.

“We don’t have to prove that the person is guilty,” Waite said. “It’s that the money is presumed to be guilty.”

DEA agents may choose to ask the person whether his or her possessions can be searched in what is called a “consensual encounter.” If the subject refuses, the bags – but not the person – can be held until a search warrant is obtained, he said.

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