The front page of today’s Albuquerque Journal carries this disturbing story by Joline Gutierrez Kruger.
According to the story, Joseph Rivers, a 22-year old African-American man from Michigan, was traveling from Michigan to Los Angeles to make a music video.
Rivers was carrying $16,000 in cash with him, but the cash was seized by a DEA agent who apparently suspected it might be connected with illegal narcotics activity. Rivers was left completely destitute while hundreds of miles from home, but fortunately was aided by a Good Samaritan.
The U.S. Government has not charged Rivers with any crime, nor does it have to do so. Under civil asset forfeiture laws, it can simply steal the property, and the burden will be on Rivers to prove that the cash is not connected with any crime.
While Governor Martinez and the Legislature worked together this year to reform New Mexico’s civil asset forfeiture laws, which now require the government to actually prove you guilty of a crime before it takes your stuff. But that won’t have any effect on the federal law enforcement agencies in our midst.
Now, carrying around $16,000 in cash may not be the most prudent thing to do, but it is perfectly legal. That civil asset forfeiture laws allow law enforcement to seize property without proving guilt of any crime is outrageous. Last year the Washington Post ran an excellent, and frightening, investigative series on the abuses that these laws allow.
The DEA should either “put up,” and charge Rivers with a crime if it has the proof, or “shut up” and return the money that it stole. (But don’t hold your breath waiting for the federal government to do the right thing).
And remember, if any law enforcement agent asks for consent to search your person, belongings, automobile or home, you should “Just Say No.”
