With the recent thread I realized I carry more than the average in cash on hand and asset forfeiture was mentioned and now has me thinking. How common a practice is it that LE utilizes this? What are the parameters? Reasons? Is the average guy with no criminal history and not doing anything shady at risk?
I’ve become accustomed to carrying a healthy amount of cash mostly for emergencies….last year I was happy to have it, hydroplaned off the road in a heavy rain more than 300 miles from home….a tow truck, new rim and four tires as well as a rental car and a few nights in a hotel were all taken care of out of my emergency stash…..yes, I could have gotten away with using my spare to get home but admittedly wanted to stay a few extra days in that area because the fishing was awesome! Now I’m just wondering if I’m putting my emergency stash at risk….what says the forum guys??

When I was policing, our department targeted known drug dealers (in town)for asset forfeiture. I found out quickly that other departments use it as a way to generate money for the department.

In 2000-2002 we had four guys who worked I95 (southbound lanes) and seized drug money payments, one guy would hit drivers on the northbound loop and he seized a ton of dope. The department got a portion. The thing was shut down when we got a new Chief who wanted cops in the city dealing with crime as he said he knew how to write for a grant from the feds for computers, cars etc. and let the highway patrol deal with it.

If I had a few hundred in my pocket I wouldn’t worry, but I might keep an ATM withdrawal in my wallet. Having no criminal history would also help.

I carry upwards of $2k in cash with me all the time when I'm away from home (traveling/work), and the idea of asset forfeiture never enters my mind.

There are always “stories”, but if you have a real job, a real reason for being wherever you are, and you’re not stashing your money in you butt or in a super secret compartment that also has cocaine residue, I would not be worried in the slightest.

Unless you’re going through a TSA checkpoint. Then who knows.

Is there a risk? Yes, absolutely.

How much? Will vary on the details, such as where, when, how much money or similar.

I would minimize that risk if you can.
You would think law enforcement would be more altruistic but the business can make them predatory on occasion.

I carry more than a grand most of the time, but usually not more than two. If my wife and I go away, I might take 3 or 4, just in case she wants something special. I take this through airport security, in my hand as I go through the scanners. It never raises an eyebrow, and I have never worried once about unwanted attention.

Where I worked, there was a strictly adhered to due process procedure that required any seized cash to be subject to judicial reviews and hearings/appeals to establish innocent and lawful ownership. Often, the people who lost the cash just did not appear in court for this process. If ruled as proceeds of crime and a lawful seizure, the money was put into a "furtherance of justice" fund which was overseen by the state attorney generals office and doled out to the agency who made the seizure. It was then used mainly for equipment and to fund undercover drug operations.
If cops abused this system, they were fired and prosecuted. I have stopped and even arrested people with large amounts of cash. One guy I arrested for DUI had over 10K in cash spread out in several pockets. He had just come from a casino (where he celebrated a bit too much) and had paperwork to prove it. He kept his cash. And if you had a reasonable explanation for carrying cash and with no cause to think otherwise, you kept your money.
Asset forfeiture is like any other aspect of police work. It must be reasonable and lawful. Otherwise its just theft. You should be fine if you carry large amounts of cash and conduct yourself lawfully.

Thanks for the replies gentlemen….I feel better now and won’t worry about it. I’ve got no criminal history and a long career of fire service and 15 years as a SWAT medic that can be confirmed at the drop of a phone call….love my SWAT guys!! Retired a year and a half ago but was told by the tactical commander I would always be part of the team…kinda like the mafia and he laughed!

Lots of people carry a load of cash. TSA scanner will pick it up as some level. People on their way to gamble often carry and also individuals on their way to auto auctions among other things. If you asked about cash you can say "that's my personal business" I have nothing else to say. If your cash is seized immediately contact a criminal defense lawyer who has deep experience with forfeiture. A form needs to be filed relatively quickly (30 days?) to get a fast result.

If any LEO feels the need to take $3.47, they are in far worse shape than me.

I've made it through life in worms and dirt clods.

What me worry?

A few thousand dollars cash is not a big deal nor much reason to arouse suspicion. For example, it is neither uncommon nor difficult to blow a few thousand cash at a casino, strip club, or gun show - places where cash transactions are expected.

One figure the federal govt decided to set on potentially suspicious is $10K cash. The govt requires these things called CTRs, Cash Transaction Records. Anytime a bank receives a cash deposit of $10K or more, it is required to make a CTR, which the govt track. If you run an auto dealership, jewelry store, or designer boutique (e.g., Louis Vuitton and Gucci), and you have customers who pay $10K+ cash, then you also have to file CTRs.

If you are travelling internationally and carry $10K or more in USD, then you must file FinCEN Form 105 and declare the amount to Customs, whether you are leaving or entering the US.

TL;DR - if you carry around $10,000 or more in cash, the govt wants to know about it, and you may be at risk of setting yourself up for Civil Asset Forfeiture.

If one hasn’t given consent to search or there is no probable cause for a search, how would a cop get into the car/pockets in the first place? After 30 years in LE, I get that there are drug interdiction cops that are very good at identifying toads that set off alarm bells, but even toads have rights if they are smart enough to know them.

Never routinely carry more cash than you are willing to lose…lawfully or unlawfully.

There are literally hundreds of videos on YouTube about people who are carrying large sums of cash for perfectly legal reasons being stopped and their funds seized leading the plaintiff into a long and expensive legal battle to get their funds returned to them. It’s pure bullshit! You are innocent until proven guilty in this country..

Here’s a quick example…

https://youtube.com/shorts/UhN...?si=0ztbRxAKqEQ0-yB6

The guy who bought my car, referenced by the OP, was a federal air Marshall who felt confident that if he was stopped his ID would take care of it but what about the rest of us?

^^^ This.

Assets may be seized and it's up to you to follow the expensive legal process to see if you can get it back.

One example: Following a raid at a bank in California, federal agents ignored direction on their warrant and spent days rifling through the personal belongings stored in nearly 1,400 safe deposit boxes seized from a vault in Beverly Hills, California. "The FBI came up with a blatant scheme to circumvent that fundamental principle, and, so far, no court has held them to account."

quote:

Originally posted by iron chef:
A few thousand dollars cash is not a big deal nor much reason to arouse suspicion. For example, it is neither uncommon nor difficult to blow a few thousand cash at a casino, strip club, or gun show - places where cash transactions are expected.

One figure the federal govt decided to set on potentially suspicious is $10K cash. The govt requires these things called CTRs, Cash Transaction Records. Anytime a bank receives a cash deposit of $10K or more, it is required to make a CTR, which the govt track. If you run an auto dealership, jewelry store, or designer boutique (e.g., Louis Vuitton and Gucci), and you have customers who pay $10K+ cash, then you also have to file CTRs.

If you are travelling internationally and carry $10K or more in USD, then you must file FinCEN Form 105 and declare the amount to Customs, whether you are leaving or entering the US.

TL;DR - if you carry around $10,000 or more in cash, the govt wants to know about it, and you may be at risk of setting yourself up for Civil Asset Forfeiture.

Which brings up an interesting point. The 10k threshold was set in the 1980’s, at that time that was a significant amount of cash. Shouldn’t this be indexed to the rate of inflation?

As an example a private sale of a used truck. I’m seeing 20-30k ones advertised on places like FB Marketplace all the time. If I was selling one FTF I’d feel much more secure taking a stack of hundreds than a check whether it be personal, certified or a cashier’s check from an unknown person.

Personally I’d do the sale at a financial institution and not in a parking lot but that’s me.

quote:

Originally posted by smlsig:
There are literally hundreds of videos on YouTube about people who are carrying large sums of cash for perfectly legal reasons being stopped and their funds seized leading the plaintiff into a long and expensive legal battle to get their funds returned to them. It’s pure bullshit! You are innocent until proven guilty in this country..

No doubt, there are good reasons to fear the government.
Civil forfeiture is a good example.
Anyone that thinks that government and that goes for law enforcement is simply there for YOU, is greatly mistaken.

How the government has been able to effectively ignore the takings clause for so long is simply incomprehensible. They take your property and you have to spend a ton to get it back. At a minimum, the cost should be on the ones who seized it, if the seizure was found to be unjustified. This would certainly limit those departments using CA forfeiture to enrich the department.

quote:

At a minimum, the cost should be on the ones who seized it, if the seizure was found to be unjustified.

On those individuals who did the seizing, not their tax payer funded budget.