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Message
re: 8th circuit rules legal to seize and scan credit/debit cards during traffic stop
Posted on 6/14/16 at 11:21 am to Shexter
Posted on 6/14/16 at 11:21 am to Shexter
quote:
Unless I'm reading wrong, they're just scanning the card to check his balance. They're probably doing it to get a dollar amount to put on the police report.
I read it as them scanning the card (and presumably the contents) after seizing it.
quote:
A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card
I can change the title if maybe someone can clarify this for me.
2
Posted on 6/14/16 at 11:21 am to Taurus
quote:
You one trick ponies. Drugs laws??? Liberalism is the problem here.
You're a fricking moron.
All of these things are product of the "drug war".
Posted on 6/14/16 at 11:22 am to TheCaterpillar
quote:
This is not liberalism. In fact, conservative legislation is usually behind most law enforcement policy that overreaches into our personal liberty.
See: Drug war. Which this is a product of.
Posted on 6/14/16 at 11:22 am to Shexter
quote:
Please change misleading title.
Unless I'm reading wrong, they're just scanning the card to check his balance. They're probably doing it to get a dollar amount to put on the police report.
the device can freeze, or take funds.
for gift cards police now have the ability to confiscate the funds as if they are cash.
Posted on 6/14/16 at 11:22 am to NYNolaguy1
quote:
A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card
I can change the title if maybe someone can clarify this for me.
That just means they took your wallet as evidence. Which they can do for any fricking reason.
Posted on 6/14/16 at 11:23 am to TheCaterpillar
I am not a dem or repub either.
I want less government all the way around...guess I lean libertarian.
Drug war has done extreme fricking damage to this country. Just like the overreaching welfare system.
I want less government all the way around...guess I lean libertarian.
Drug war has done extreme fricking damage to this country. Just like the overreaching welfare system.
Posted on 6/14/16 at 11:24 am to NYNolaguy1
quote:
I can change the title if maybe someone can clarify this for me.
nah, I just found it misleading. I think they're just confiscating the cards of drug dealers much like they already sieze any cash, jewelry, guns, etc. found during a drug bust.
Posted on 6/14/16 at 11:24 am to YeahYeah
quote:
Looks like I'm going straight cash from now on
I would stick with the cards, especially Amex. As soon as the stop was concluded I would be on the phone cancelling the cards. If they are credit cards he is out nothing. Debit cards are a bit different.
That would be my advice for the innocent. It is also why the not so innocent are using them too. I'm on my phone, but I would interested in the court's opinion of seizing the cards to begin with.
Posted on 6/14/16 at 11:25 am to TheCaterpillar
quote:
You're a fricking moron.
All of these things are product of the "drug war".
Yeah, only a conservative issue. Yeah, keep thinking that stupid shite.
The ruling is very anti-individual rights, ie LIBERAL.
Posted on 6/14/16 at 11:25 am to NoSaint
quote:
for gift cards police now have the ability to confiscate the funds as if they are cash.
Pretty scary. One more tool for LEO's to use civil forfeiture as government sanctioned theft.
Posted on 6/14/16 at 11:25 am to Shexter
quote:
nah, I just found it misleading. I think they're just confiscating the cards of drug dealers much like they already sieze any cash, jewelry, guns, etc. found during a drug bust.
Its not just drug dealers, even though that is the intention of the legislation.
If the low IQ police officer "THINKS" you're doing something illegal, they can seize your cash and now that includes your credit and debit cards which they can freeze.
Posted on 6/14/16 at 11:26 am to Taurus
You're dumb as hell. That's all.
Posted on 6/14/16 at 11:26 am to Five0
quote:
I would stick with the cards, especially Amex.
Would the same apply to "gift" amex cards with predetermined amounts on them? Can you cancel one of those and get a reissue?
Posted on 6/14/16 at 11:26 am to Shexter
quote:
nah, I just found it misleading. I think they're just confiscating the cards of drug dealers much like they already sieze any cash, jewelry, guns, etc. found during a drug bust.
That was my reading as well.
What I think this decision will lead to is legalized abuse of these machines to fill municipal coffers for police salaries and new toys- all without criminal charges.
Posted on 6/14/16 at 11:27 am to Shexter
All this does is allow money loaded on pre-paid cards to be seized. And yes criminals do use pre-paid cards to transport and store illegal proceeds.
And transferring dirty money onto a pre-paid card is a crime itself. (Money Laundering)
Seizure warrants still are required and an asset forfeiture hearing in front of a judge is still required.
And transferring dirty money onto a pre-paid card is a crime itself. (Money Laundering)
Seizure warrants still are required and an asset forfeiture hearing in front of a judge is still required.
Posted on 6/14/16 at 11:27 am to NYNolaguy1
quote:
credit/debit cards
Yes, but where they "assault credit cards"?
Posted on 6/14/16 at 11:27 am to Taurus
quote:
Liberalism disguised as something way worse and stupid people voting for it.
Even conservatives are falling for it.
how is it liberal or conservative for a cop to figure out whether the guy stole those cards?
Posted on 6/14/16 at 11:29 am to MSMHater
quote:
Can you cancel one of those and get a reissue?
I would be concerned with obstructing an investigation if one of these machines found out how much is in your account, and you tried to cancel the card. That's assuming you aren't in handcuffs while they take your card, only to drop charges after the fact.
Posted on 6/14/16 at 11:30 am to CelticDog
quote:
how is it liberal or conservative for a cop to figure out whether the guy stole those cards?
I'm talking about the ruling. The court. Got it?
Posted on 6/14/16 at 11:33 am to theenemy
quote:
All this does is allow money loaded on pre-paid cards to be seized. And yes criminals do use pre-paid cards to transport and store illegal proceeds.
And transferring dirty money onto a pre-paid card is a crime itself. (Money Laundering)
Seizure warrants still are required and an asset forfeiture hearing in front of a judge is still required.
I think this ruling is broader than that- that your card has no expectation of privacy- that it can be scanned at any time without a warrant. If the officer thinks it's contents are suspicious and that a crime has probably taken place, he could seize the card. The article doesn't specify if it only applies to prepaid cards.
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