cross-posted from: https://slrpnk.net/post/13145612
(edit) Would someone please ship some counterfeit money through there and get it confiscated, so the police can then be investigated for spending counterfeit money?
cross-posted from: https://slrpnk.net/post/13145612
(edit) Would someone please ship some counterfeit money through there and get it confiscated, so the police can then be investigated for spending counterfeit money?
Yes but not equally so. As an ethical consumer I choose the lesser of evils. Also, this isn’t about me. Consumers have a right to make their own choices. Most do not give a shit about ethics and the masses tend to choose the best financial deal. Some are lazy but ethical. That is, they heard a negative blurb about one supplier and they boycott that one supplier not knowing that it leads them to support a higher detriment.
Either way, it’s the sender’s choice whether to take the risk as they understand it. And they may not understand the risk. A wise sender would insure the package regardless of the contents. Even if the insurance would not pay out, the mere flag that a pkg has insurance has the effect of deterrance. Staff mostly only steal packages that are uninsured because those do not lead to investigation.
I have been boycotting FedEx over a decade for those reasons (but note that I see nothing tying FedEx to the Better than Cash Alliance). But this isn’t about me. A republican would happily support FedEx.
Cryptocurrency is as close as you can get in a digital mechanism that respects privacy like cash, but there is still a big difference. CC is a public ledger. Everyone sees every transaction and identities can be discovered and doxxed.
Luckily it’s the jeweler’s choice.
Not sure what the point is here. Of course when a package is lost the parties involved both have a mutual interest in a claim being filed. A supplier who does not do their part in filing a claim does not get off the hook for the missing package. They still owe the recipient a package, so it is in their interest to file a claim.
That is exactly the harm that perpetuates when you tie a tool to a stigma. It’s not okay to take away useful tools and options from non-criminals on the basis that criminals use them. We do not ban cars on the basis that they are a tool for drive-by shootings.
That’s shitty indeed because it oppresses non-criminals with a policy of forced banking.
Not really. Marginalizing and oppressing non-criminals is not justified by a hunt for criminals. If your approach to hunting criminals harms non-criminals, you’re doing it wrong.
The case at hand is even more perverse, as the civil forfeiture practice actually hinders enforcement of law. They do the money grab for the money. When you seize cash, you send a clear signal to criminals that they are being investigated. It tips them off with intelligence that helps them adjust their operations. When you seize money from a tax evader a year before they evade tax by filing their fraudulent tax return, you actually sabotage the opportunity to catch them (it’s crime-prevention prevention). You can only catch them by recording the cash and letting it go, then auditing their tax using that information a year or two later.
Again, I would say that should depend on statistics. If a tool is misused for criminal activities in the vast majority of cases, I think you have to make some compromise on personal freedom in favor of security and law enforcement.
Isn’t that the case for many preventive security measures? I mean the baggage checks at the airport are time consuming and restrict everyone on bringing liquids, large batteries, forks, knives etc. into the plane. And I’m pretty sure, the ratio of ‘terrorists carrying bombs’ to ‘just normal people bringing their water bottle’ is significantly worse than the crime : non-crime factor in case of FedEx cash.
Same with routine controls at a border or on the highway. It’s annoying for many people due to delays just to catch some few smugglers, overloaded trucks etc.
A security camera in a bank will film thousands of regular customers before it ever (if at all) gets to see a robbery.
I fully understand that people criticise all of these measures but to be honest I have some doubts that getting rid of everything would be a smart idea.
Law enforcement by definition deals with suspects not convicted criminals. So even if we moved to a purely reactive law enforcement, your measures will still affect the innocent suspects.
That point I see as well. But wouldn’t the alternative be even worse for you from a privacy perspective? They keep the practice of scanning packages but rather than seizing the money, they send investigators after the intended recipient. That wouldn’t only dramatically increase the costs of law enforcement but also lead to innocents being supervised.
Not all money transfers are taxable income. So if police knows that you received 10,000 in a box last year but didn’t declare it that doesn’t automatically mean you invaded taxes. The criminal could say, that it wasn’t their money and they gave it to someone else, declare it as a gift or a returned loan from a friend. They could also just say that the package was stolen from the porch and never arrived.
Furthermore, the recipient on the label may not be real person. Maybe the money is shipped to “Mr & Mrs Activist Punk” but the real criminal is waiting in front of the house to intercept the delivery.
All in all, I still think seizing big amounts of cash from deliveries is somewhat acceptable as long as…
Certainly that is a recipe for marginalizing minorities. In the US there is a principle that people are innocent until proven guilty. We could flip that and say guilty until proven innocent, but we don’t because we rightfully prioritize the well being of non-criminals above prosecution of criminals. It is unacceptible to say we can harm some non-criminals in pursuit of making it more convenient for cops to do their job. It’s better to overlook 10 criminals than to harm 1 innocent person. It’s not okay to sacrifice non-criminals for the sake of law enforcement.
Passengers are rightfully allowed to bring knives and guns onto a plane, so long as it is in their checked luggage. This does not materially hinder people’s options. You don’t need a weapon when all potential attackers are also disarmed. But you still have a right to take your weapon to your destination, and rightfully so.
To equate a FedEx cash search with shipping batteries in a dangerous way with a precious payload (human lives) is an absurdity. If someone wants to commit suicide there are many better ways to do so than to carry a battery 10,000 feet up and then have it set fire on your vessel. You are not really materially hindering someone’s personal way of life by taking away the option kill themselves and others during a flight.
The passengers who share the plane with someone who wants to transport dangerous materials that compromise their safety directly mutually benefit from safety checks.
At the same time, if the person flying next to me carries a bit of cocaine, then no I do not benefit from a cocaine search and oppose it because it’s a violation of 4th amendment rights (if carried out by TSA). Such a search is looking for a crime against the state, not a crime against the person who sits next to a cocaine user. It’s extra perverse when non-criminals lives are hindered in an effort to enforce crimes against the state and victimless crimes.
This is a good example of harm coming to non-criminals in the hunt for criminals. They violate everyone’s 4th amendment rights to go on a fishing expedition because the cops are too lazy to get a warrant and properly do a targeted search of suspects.
That’s private sector. I give less of a shit about that because a bank has a right to secure their premises however they see appropriate in their business model, and as a consumer I have a choice whether or not to use a bank. If I don’t like the way they operate, I can opt-out, (unlike Europe where you now have forced banking).
No we are not dealing with suspects. Indiana is performing a general search without a suspect and without a warrant. If Indiana were to say to FedEx “we have a warrant to search pkgs to and from Bill Harvey at address X, please set aside those packages for us to search”, and then the sniffer dogs were used only on Bill Harvey’s payloads, that would be dealing with suspects and I would not object to seizing those pkgs. But still likely dubious for the police to simply pocket the money, rather than tag it and put it in the evidence room.
First of all, whether or not to inform the customer that their pkg was flagged is not obviated by the decision to not confiscate. Some TSA workers will search a bag and insert a tag. When you arrive at your destination you might open up your luggage and see a tag that essentially says “TSA was here”. Apart from whether the search was appropriate in the first place, the transparency is proper when the target is vindicated. They found nothing, but they owe it to the subject to be transparent.
Non-criminals rightfully have an expectation of privacy under the 4th amendment. Criminals do not, as it is 4th amendment compliant to search when there is just cause to do so. They should not be searching pkgs of non-suspects in the first place, but if they do and they find no actionable evidence of crime they absolutely should be doing what TSA does and they should do so without keeping the person’s possessions. If it’s a business transaction that includes indications of taxability, and they can also see no history of tax declarations that exceed electronic revenue (or whatever clues are justifiable as cause for action such as past offenses), then the police should be competent in their trade, which is to get convictions, which implies not tipping off the criminal suspect.
Under the status quo, the police are both tipping off criminals and also creating victims out of non-criminals.
Of course. If the metadata (sender & recipient + their criminal records) and other items in the package do not suggest that it’s a taxable transaction, they have no cause to treat the pkg as suspect. In this case, they should not have searched it in the first place but on top of that there is no cause for further action either.
This would be cause for suspicion of a crime. But Indiana is not limiting their action to pkgs that give cause for suspicion.
In a drug case, indeed you cannot assume the parties on the pkg are accurate. Someone once received a package of mj. Police staked out the house, saw him accept the pkg, waited breifly, then stormed into the house. The pkg was left inside the door, unopened. The recipient argued that he was not expecting the pkg and did not know what was in it. He rightfully won that case. The mistake the cops made was to raid before he opened it. He needed time to open it and then react by calling the police.
Confiscating the evidence before the pkg even reaches the destination is terrible police work. That is not how you enforce crime. It only creates victims from non-criminals.