Equitable Sharing sounds nice, doesn't it? It's the name of a program that encourages cops to steal cash without filing charges and keep the money to fund their own departments.
The program is billed as fighting drug trafficking by confiscating cash from suspicious individuals, however horror stories have resulted. Yesterday the Washington Post released an investigation of these stops that presents many shocking anecdotes.
One example:
- Vincent Costello is driving from Florida to New York
- He is searched after officers claim they smell drugs (none are found)
- Police seize $32,000 in cash, as drugs often come from Florida and are sold in New York, plus the man was acting "unusually nervous." No charges are filed.
- After $9,000 in legal fees, the police agreed to return half of the cash they took. He is left with $7,000 out of his original $32,000.
Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Are these programs constitutional under the 4th and 5th amendments?
Can this program be defended on moral grounds? Should police departments be able to pocket the money (and property) they confiscate?
http://www.washingtonpost.com/sf/investigative/2014/09/08/they-fought-the-law-who-won/?hpid=z1
2 comments:
Perhaps its not the programs that are unconstitutional, but the actions of the police should definitely be investigated. I don't know how these cops are getting away with stealing thousands of dollars (and where does the excess money even go?), but I feel like someone should be intervening if there are so many cases of this happening. Also, why isn't the full amount of money being given back if there weren't any charges? Maybe it is a corrupt police force or an exaggerated story, but something doesn't seem to be adding up...
The program definitely sounds good, as it is supposed to "hurt drug organizations and increase security on the highways," but the way it is being executed is incredibly shocking. So I agree with Regina; I would also say that the program isn't necessarily unconstitutional, but the way the cops carry out this program might make it seem that way. I also think it's ridiculous how easily these cops are getting away with their corrupt behavior. And in many of the stories found in the article, there's usually the "did not return calls" or "did not respond to requests for an interview" which just confuses me even more about this entire situation.
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