What "consent" looks like for the DEA and TSA
Civil Asset Forfeiture & Incentives
- Many see DEA/TSA cash seizures as “highway robbery” enabled by civil asset forfeiture.
- Core complaint: property is treated as the defendant; owners must prove innocence, reversing “innocent until proven guilty.”
- Strong concern over perverse incentives when seizing agencies keep the money; cited as driving abuse, especially highway stops.
- Some note “equitable sharing” lets local police route seizures through federal agencies and still receive kickbacks, undermining state-level reforms.
Legality, Due Process & Constitutional Concerns
- Repeated claims that routine seizures/searches violate the Fourth Amendment and amount to deprivation of rights under federal civil-rights statutes.
- Others argue some warrantless actions can be justified under exigent circumstances (e.g., suspected drug couriers about to leave the jurisdiction).
- There is debate over whether current civil processes can be considered “due process” when they are expensive, slow, and structurally biased.
Comparisons, History & Analogies
- Historical analogies to British colonial forfeiture, piracy, privateers, and medieval tax farming, suggesting the U.S. recreated systems it once rebelled against.
- Comparisons to other democracies (Canada, Ireland, various European states) where civil forfeiture is seen as rarer or more constrained, though critics point to Canada’s protest-related account freezes as its own liberty issue.
- Some liken U.S. police behavior to “highwaymen” and argue corruption is structurally baked in through budgets and incentives.
Personal Experiences & Search Culture
- Anecdotes of aggressive or coercive searches in airports, on highways, at festivals, and even in disaster shelters.
- Several note that “consent” often feels meaningless when refusal implies confiscation, delay, or denial of travel.
Reform and Abolition Proposals
- Proposals include: routing all seized funds to neutral purposes (state coffers, burning the cash, or social programs), or eliminating civil forfeiture in favor of criminal proceedings with full rights.
- Some argue the only real solution is to end or radically scale back the war on drugs; others insist a tough, Singapore-style drug regime is desirable.
- Crypto is mentioned as a way to avoid cash seizures, though others say legislative fixes are simpler and crypto brings its own harms.