Adam Liptak tells us that the Supreme Court is pondering whether to hear a case from Ramsey County, Minnesota, which confiscates money from people it arrests. That’s what happened to Corey Statham, who was arrested and charged with disorderly conduct, and then released:
But the county kept $25 of Mr. Statham’s money as a “booking fee.” It returned the remaining $21 on a debit card subject to an array of fees. In the end, it cost Mr. Statham $7.25 to withdraw what was left of his money.
….Kentucky bills people held in its jails for the costs of incarcerating them, even if all charges are later dismissed. In Colorado, five towns raise more than 30 percent of their revenue from traffic tickets and fines. In Ferguson, Mo., “city officials have consistently set maximizing revenue as the priority for Ferguson’s law enforcement activity,” a Justice Department report found last year.
….Through his lawyers, Mr. Statham declined a request for an interview. He lost in the lower courts, which said his right to due process had not been violated by the $25 booking charge or the debit card fees, which were both, the trial judge said, “relatively modest.”
Lovely. It’s OK to confiscate money as long as you don’t confiscate too much. Unless, of course, you’re engaged in civil asset forfeiture, in which case the sky’s the limit. All you have to do is attend one of the many classes that teach your police officers how best to steal people’s money under the pretense that they “just know” it’s drug money.
I continue to be gobsmacked by all of this. I’ve heard all the arguments about due process and civil vs. criminal and so forth, and not a single word of it strikes me as anything but an obvious sham. And yet courts—all the way to the Supreme Court—and judicial agencies—all the way to the Department of Justice—accept them without blinking. It’s the kind of thing that makes me wonder if I’m stuck in some kind of Kafka-based virtual reality. How can something so obviously wrong be approved with a shrug by so many people?