Democracy Tree: Motorists beware of highway bandits with badges

Planning on a safe domestic vacation over spring break? Be warned then of a growing epidemic of highway piracy across the country.

Yep, one of the most unsafe places to travel is right here in the good ol’ United States of America, especially in states like Michigan. Don’t count on the cops helping you though– because they’re the ones lying in wait to take your cash, maybe even your car, along with everything in it. It’s become so hazardous along most well-traveled vacation routes across the nation, that the State Department should issue a warning.

As a parent, I was horrified to learn that my 23-year-old daughter nearly fell victim last week to a law enforcement asset seizure scam while she was traveling through Tennessee on her return trip from Universal Orlando Resort in Florida after visiting Harry Potter World to see the shop were they sell magic wands and capes.

The shakedown was conducted by the Tennessee Highway Patrol. Her ordeal is so commonplace in the state that the ACLU has issued warnings to motorists passing through. Executive Director of the ACLU of Tennessee Hedy Weinberg explains:

“The thousands of people who will be traveling Tennessee’s highways for the holidays may not realize the serious financial risk they take when driving through our state.”

They want your cash and valuables, and are willing to exploit civil asset forfeiture laws to get it. These laws allow troopers to seize travelers’ belongings on the mere suspicion that they were involved in a crime. The simple act of carrying vacation money is considered suspect. The abuses in Tennessee are so grave, the ACLU has additionally set-up a survey to catalogue the true scope of the offenses by law enforcement. The problem is certainly not contained to Tennessee. In fact, you can count on one hand the number of safe states to motor through.

Anatomy of the police scam

Here’s how these state-sanctioned rackets work — a scenario repeated untold times on any given day across the nation.

In my daughter’s case, she and her driving companion were traveling north on I-75 in a vehicle with Michigan plates — clearly vacationers, making them an easy mark for Tennessee state troopers, who were a notable presence along the route. While passing another vehicle, they exceeded the speed limit by 6 miles per hour — not the type of offense that would typically warrant a police stop. Nonetheless, they were pulled over for that reason, or so they were initially told.

Her friend, who was driving, was immediately ordered to exit the vehicle, and was placed in the back of the patrol car. This occurred before they ran a check on his driver’s license. Minutes later, another patrol car approached, and the officer started grilling my daughter with a series of leading questions, starting with an inquiry as to how long she had known her companion. Next came a lengthy interrogation which was clearly intended to lead her to believe her friend was a known drug dealer. She answered honestly, denying all of the implied allegations. At this point, my smart, hardworking, college-graduated, Harry Potter-loving daughter was placed in the back of the other patrol car, with no explanation given.

While sitting in the back of the trooper’s car, she listened as the dispatcher relayed over the police radio that neither of them had any record.

Yet the troopers proceeded to conduct a thorough search of their vehicle, and all its contents, including my daughter’s intimates. If they were looking for drugs, they found none.

The thing is, they weren’t really looking for drugs at all. They were searching for cash — the kind of cash vacationers are known to carry. They found none of that either.

This offense occurs with shameful regularity in Tennessee, among other states — cops confiscating vacationers’ spending money under immorally lax civil asset forfeiture laws. Laws which allow the police to seize money without a whiff of a crime. Weinberg describes the scam:

“Each year, Tennessee law enforcement agents seize millions of dollars simply by asserting that they believe the assets are connected to some illegal activity, oftentimes without ever pursuing criminal charges.”

When the officer released my daughter he admitted, “we go through about 30 or 40 of these before we find anything” — as if to imply they had legitimate grounds for abusing 4th Amendment protections as a matter of routine.

With no money found — they were permitted to leave. No speeding ticket was issued, nor mentioned again.

Lawmakers unite to smack down the cops

Tennessee and Michigan lawmakers have been battling to rein in the notoriously criminal excesses of their “boys in blue.” Talk of a legislative remedy came to a head last fall in numerous states, with promises to revisit the problem in 2016. This is the kind of public policy issue that resonates well on both sides of the aisle — as we’ve seen in Michigan, where a number of bipartisan remedial measures were enacted last year, but more are still necessary. Both states had earned a “D-” rating from the Institute for Justice on their civil asset forfeiture laws. They were joined by dozens of other states — particularly along the heavily travelled I-75 corridor.

Michigan has a long way to go on this issue. I spoke with Rep. Jeff Irwin (D-53) about the pace of reform. He believes the state is making some progress with last fall’s legislation, but clearly has much more to do. Irwin termed the package of proposals enacted late last year as “important reforms,” yet admitted they “didn’t end the abuses of asset forfeiture law.” Under the new statute, law enforcement agencies are now required to report to the state on all assets seized, and to demonstrate clear and convincing evidence that the action was warranted. Irwin contends that the problem won’t be properly addressed until Michigan law requires a conviction for forfeitures.

Just this week, an additional reform, introduced by Rep. Peter Lucido (R-36), passed in the Michigan House. If approved by the Senate, it would eliminate the bonding requirement for retrieval of seized assets. The current law forces property owners to post a 10 percent bond just to challenge a forfeiture. Irwin supports this reform, explaining:

“As a citizen you shouldn’t have to pay to exercise your 5th Amendment right to due process.”

Irwin cited recent changes in New Mexico law as a model for appropriate reforms. The Tenth Amendment Center, an avid states’ rights organization, agrees that advances in the southwestern state are a good example of sensible civil asset forfeiture reform. Taking a swipe at the situation in Tennessee, the organization put out this statement:

“Tennessee legislators need to disregard the hysterical whining of police lobbyists afraid of losing their cash cow and aggressively pursue asset forfeiture reform.”

Earning the only “A” grade from the Institute for Justice, New Mexico leads the way — where assets may only be seized if all of the following criteria are met:

(1) The person was arrested for an offense to which forfeiture applies.

(2) The person is convicted by a criminal court of the offense.

(3) The state establishes by clear and convincing evidence that the property is subject to forfeiture.

Michigan lawmakers need to take a cue from New Mexico and step up to protect traveling citizens and vacationing motorists from highway bandits with badges.

BONUS: Below is a short video from the Institute for Justice describing the massive scope of the problem — guaranteed to make your blood boil.

Beware the highway bandits folks! Enjoy your Easter weekend and spring break holiday.